Do The Police Need to Give Me a PBT for a Virginia Drunk in Public Charge?

A Drunk in Public charge in Virginia (Va. Code §18.2-388) criminalizes being intoxicated or drunk in public.  It does not take much to be convicted and scientific tests are rarely used.  If you are wondering, do the police need to give me a PBT for a Virginia Drunk in Public charge, read the post below.

Do the Police Need to Give me a PBT for a Virginia Drunk in Public Charge?

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

A person is intoxicated when he has consumed enough intoxicants 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 other factors listed above is sufficient for a conviction.  A person can be intoxicated from consuming alcohol, drugs or both-even a valid prescription.

The police do NOT need evidence from a PBT (Preliminary Breath Test), Breathalyzer Test, 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, drugs, or both, and that the consumption observably affected him.

For information on what is considered public in the Virginia Drunk in Public charge, click here.

Penalties for Virginia Drunk in Public Convictions

A Virginia Drunk in Public charge under Va. Code §18.2-388 is a 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 and if he already has such a permit, he must forfeit it.  Although it is not punished with any jail time, a conviction for a Virginia Drunk in Public charge under Va. Code §18.2-388 will remain on the offender’s permanent criminal record and can never be expunged.

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