Drunk in Public Charges in Virginia

Drunk in Public Charges in Virginia Are Crimes

Drunk in Public charges in Virginia criminalize being drunk or intoxicated in public.  Many local counties, cities and towns have their own versions of the Virginia Drunk in Public charge.

In Virginia, a person is intoxicated when he has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.  Intoxication can be caused by alcohol or drugs.

The term public is interpreted broadly and includes places visible to the public.  As a result, a person can be convicted of a Drunk in Public charge in Virginia under Va. Code §18.2-388 if he is intoxicated on his own property if it is visible to the public.

Penalty for Drunk in Public Charges in Virginia

Drunk in Public charges in Virginia are crimes.  They are not punished with jail time, but the offender can be taken to the local jail when he is charged with being drunk in public and held until he has sobered up.

A Virginia Drunk in Public charge under Va. Code §18.2-388 is a Class 4 misdemeanor.  It is punished with a fine up to $250.  The offender can pre-pay the fine and avoid having to go to court.  However, the act of paying the fine is an admission of guilt to the charge and will result in a conviction on the offender’s permanent criminal record that can never be expunged.

Additionally, the offender will not be able to obtain a concealed carry permit for 3 years if he is convicted of a Drunk in Public charge in Virginia.

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