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

Many people are surprised to learn that in Virginia, you can be intoxicated in public on your own property.   The meaning of “public” is interpreted broadly and can include an offender’s own property if it is visible to the public.  If you are wondering, can I be convicted of public intoxication on my own property in Virginia, read the post below.

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

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

Can I Be Convicted of Public Intoxication on my Own Property in Virginia?

“Public” in the Virginia Public Intoxication statute is interpreted very broadly.  It includes places in open view and visible to the public.  This means that someone can be convicted of a Virginia Public Intoxication charge under Va. Code §18.2-388 if he is intoxicated on his own property if that part of the property is in open view and visible to the public or community.

For more information on the meaning of “public” in the Virginia Public Intoxication statute, click here.

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 medication).

For more information on the definition of “intoxicated” in the Virginia Public Intoxication statute, click here.

Penalty for Public Intoxication Charge in Virginia

A Virginia Public Intoxication 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.  If the person already has a concealed carry permit, he must forfeit it if he is convicted of being intoxicated in public in Virginia.  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 any jail time even if he is convicted.

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