Does Public Intoxication Give Me a Criminal Record in Virginia?

Does Public Intoxication Give Me a Criminal Record in Virginia?

Many people mistakenly think that a Virginia Public Intoxication charge is not a crime because it is not punished with jail and the fine can be pre-paid without coming to court.  However, a Virginia Public Intoxication charge IS a crime and a conviction will remain on the offender’s permanent criminal record.  If you are wondering, does Public Intoxication give me a criminal record in Virginia, read the post below.

Virginia Public Intoxication Charge

In Virginia, it is a crime to be intoxicated in public.  Intoxication is a condition in which a person has consumed enough alcohol or drugs to observably affect his manner, speech, disposition, muscular movement, general appearance or behavior.  A person can even be intoxicated as a result of taking a valid prescription.

The word public is interpreted broadly and includes places in open view and visible to the public.  This means a person can be convicted of being intoxicated in public on his own property in Virginia.

Does Public Intoxication Give Me A Criminal Record 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 the offender will be prohibited from obtaining a concealed carry permit for three years.

Convictions in Virginia can never be expunged.  This means that if an offender is convicted of a Virginia Public Intoxication charge, that conviction will remain on his criminal record PERMANENTLY.

The fine for a Virginia Public Intoxication charge can be pre-paid, which means the offender can avoid having to go to court.  However, paying the fine is admitting guilt to the offense and will result in a conviction on the offender’s permanent record the same as if he had been convicted in court.

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