Drunk in Public Charges in Fairfax

In Virginia, it is a crime to be drunk (or intoxicated) in public (Va. Code §18.2-388).  Many local towns, counties, and cities have their own versions of the Virginia Drunk in Public charge, including Fairfax County.  This post focuses on Drunk in Public charges in Fairfax.

Drunk in Public Charges in Fairfax

The Fairfax Drunk in Public charge states that it is a Class 4 misdemeanor to be drunk in public.  The difference between the Fairfax Drunk in Public charge (Fairfax County Code §5-1-1) and the Virginia Drunk in Public charge (Va. Code §18.2-388) is that the Fairfax Code prohibits being “drunk” in public, while the Virginia code prohibits being “intoxicated” in public.  A Virginia Drunk in Public charge can be committed by being intoxicated from either alcohol or drugs, but the Fairfax Drunk in Public charge only prohibits intoxication from alcohol.

Drunk in Public Charges in Fairfax Are Misdemeanors

Proof of Drunk in Public Charges in Fairfax

To convict someone of a Drunk in Public charge in Fairfax, the Commonwealth must prove that the offender was both intoxicated and in public.  A person is intoxicated when he has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, behavior or general appearance.  Public means any place open and visible to the public.  This means that someone can be convicted of a Fairfax Drunk in Public charge even if he is on his own property if it is visible to others.

Penalties for Drunk in Public Charges in Fairfax

A Fairfax Drunk in Public charge (whether charged under Va. Code §18.2-388 or Fairfax County Code §5-1-1) is a Class 4 misdemeanor.  It is punished with a fine as high as $250.  The fine can be pre-paid without coming to court.  However, pre-paying the fine without going to court is an admission of guilt which will result in a permanent criminal record that can never be expunged.

Additionally, convictions for Drunk in Public charges in Fairfax will prohibit the offender from obtaining or keeping a concealed carry permit for 3 years.

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