Can I Be Convicted of Public Intoxication in Virginia Without a Breath Test?
October 17, 2017 by Jean Humbrecht
A Virginia Public Intoxication charge (Va. Code §18.2-388) criminalizes being intoxicated (or drunk) in public. It does not take much to be convicted of Public Intoxication in Virginia. If you are wondering, can I be convicted of Public Intoxication in Virginia without a Breath Test, read the post below.
Can I Be Convicted of Public Intoxication in Virginia Without a Breath Test?
Intoxication occurs when a person consumes enough intoxicants (alcohol, drugs or medication) to observably affect his or her manner, speech, disposition, muscular movement, general appearance or behavior. An odor of alcohol is not enough to convict someone of Public Intoxication in Virginia. However, when an odor of alcohol is combined with the other factors listed above, that could be enough for a conviction.
Can I Be Convicted of Public Intoxication in Virginia Without a Breath Test?
The police do NOT need evidence from a PBT (Preliminary Breath Test), Breathalyzer Test, or any test to convict someone of Public Intoxication in Virginia. The Commonwealth only needs to prove that the person consumed alcohol, drugs, or both, and that consumption observably affected him.
Click here for information on what is considered public.
Virginia Public Intoxication Penalty
A Virginia Public Intoxication charge is a Class 4 misdemeanor. It is punished with a fine up to $250 and a ban on obtaining a concealed carry permit for 3 years. If the offender has a concealed carry permit, he must forfeit his permit if he is convicted of Public Intoxication in Virginia. Additionally, a conviction will remain on the offender’s permanent criminal record and cannot ever be expunged.
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