Drunk in Public in Virginia

A Virginia Drunk in Public Charge is a Crime

A Drunk in Public charge in Virginia under Va. Code §18.2-388 criminalizes being drunk (or intoxicated) in public.  Intoxication can be caused by alcohol or drugs-even a valid prescription.  A person is intoxicated when he has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.

The term public in the Virginia Drunk in Public statute is interpreted very broadly and includes places open and visible to the community or public, including someone’s own property.  As a result, a person can be convicted of a Drunk in Public charge in Virginia if he is intoxicated on his own property if that part of the property is visible to the public.

Penalty for Being Drunk in Public in Virginia

Being drunk in public in Virginia is a crime under Va. Code §18.2-388.  It is not punished with jail time, but the offender can be taken to the local jail when he is charged and held until he has sobered up.  A Drunk in Public charge in Virginia is a Class 4 misdemeanor and is punished with a fine as high as $250.  The offender can pre-pay the fine, which means he will not need to appear in court.  However, pre-paying the fine is admitting guilt and will result in a conviction on the offender’s permanent criminal record and can never be expunged.

A conviction will also bar the offender from receiving a concealed carry permit for 3 years.

***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***