Can I Be Convicted of Being Drunk in Public on My Own Property in Virginia?

Many people are surprised to learn that you can be drunk in public on your own property in Virginia.  A Virginia Drunk in Public charge under Va. Code §18.2-388 is a Class 4 misdemeanor.  It is punished with a fine up to $250 and anyone convicted of the offense will be unable to obtain a concealed carry permit for 3 years and if he has a concealed carry permit, he must forfeit it.  The offender can also be taken to the local jail and held until he has sobered up (even though the offense is not punished with jail time).  If you are wondering, can I be convicted of being drunk in public on my own property in Virginia, read the post below.

Can I Be Convicted of Being Drunk in Public on My Own Property in Virginia?

Can I Be Convicted of Being Drunk in Public on My Own Property in Virginia?

A person can be convicted of being drunk in public in Virginia if he is drunk or intoxicated and in public.  This can even include his own property.

“Public” in the Virginia Drunk in Public statute is interpreted broadly.  Not only does it include places actually in public, but it includes places in open view and visible to the public.  This means that someone can be convicted of a Virginia Drunk in Public charge under Va. Code §18.2-388 if he is drunk or intoxicated on his own property if that part of the property is in open view and visible to the community or public.

Click here for more information on the meaning of “public” in the Virginia Drunk in Public statute.

Intoxication is a condition in which when an offender has consumed enough intoxicants to observably affect his manner, speech, disposition, muscular movements, general appearance or behavior.  Intoxication can be caused by alcohol or drugs-even prescription medication.

Click here for more information on the definition of “intoxicated.”

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