Do the Police Need to Give Me a Breath Test for a Drunk in Public Charge in Virginia?

A Virginia Drunk in Public charge criminalizes being drunk (or intoxicated) in public.  It does not take much to be convicted and scientific tests in fact are rarely used.  If you are wondering, do the police need to give me a breath test for a Drunk in Public charge in Virginia, read the post below.

Do the Police Need to Give Me a Breath Test for a Drunk in Public Charge in Virginia?

Do the Police Need to Give Me a Breath Test for a Drunk in Public Charge in Virginia?

A person is intoxicated for purposes of a Virginia Drunk in Public charge when he has consumed enough intoxicants (alcohol or drugs) to observably affect his manner, speech, disposition, muscular movement, general appearance or behavior.  An odor of alcohol alone is not enough to convict a person of being Drunk in Public in Virginia.  However, an odor of alcohol combined with any of the factors listed above could be sufficient for a conviction.

Contrary to popular belief, the police do NOT need evidence from breath tests or any other scientific test to convict someone of being Drunk in Public in Virginia.  The Commonwealth only needs to prove that the person consumed alcohol or drugs (or both) and that the consumption observably affected him.

Virginia Drunk in Public Penalties

A Virginia Drunk in Public charge (Va. Code §18.2-388) is a Class 4 misdemeanor punished with a fine up to $250.  Additionally, anyone convicted of a Virginia Drunk in Public charge cannot obtain a concealed carry permit for 3 years.  A conviction for a Drunk in Public charge in Virginia under Va. Code §18.2-388 will remain on the offender’s permanent criminal record and cannot ever be expunged.

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