Drunk in Public in Fairfax

A Drunk in Public Charge in Fairfax is a Misdemeanor

A Virginia Drunk in Pubic charge is a misdemeanor under Va. Code §18.2-388.  Many local counties, cities and towns have their own drunk in public laws, including Fairfax County.  This post specifically focuses on the Fairfax Drunk in Public charge under Fairfax County Code §5-1-1.

Drunk in Public Charge in Fairfax

A  person who is charged with being Drunk in Public in Fairfax (Fairfax County Code §5-1-1) is charged with a Class 4 misdemeanor.  The difference between the Fairfax and Virginia versions of this crime is that the Virginia charge criminalizes intoxication from alcohol or drugs.  The Fairfax Drunk in Public charge, though, only criminalizes intoxication from alcohol.

Proof of Fairfax Drunk in Public Charge

To convict an offender of a Fairfax Drunk in Public charge under §5-1-1, the Commonwealth must prove the offender was both drunk and in public.  For purposes of a Drunk in Public charge in Fairfax, public includes any place visible to the public-including the offender’s own property.

Penalties for Being Drunk in Public in Fairfax

A Drunk in Public charge in Fairfax is a Class 4 misdemeanor.  It is punished with a fine up to $250.  The fine can be pre-paid without coming to court.  However, paying the fine without going to court is an admission of guilt.  It will result in a conviction and will remain on the offender’s permanent criminal record.

Another penalty for a Fairfax Drunk in Public conviction is that the offender will not be able to obtain a concealed carry permit for 3 years and if he has one, he must surrender it.

There are increased penalties for multiple convictions for being Drunk in Public in Fairfax.  A third offense under Fairfax County Code §5-1-1(b) within one year will be charged as a Class 3 misdemeanor.  This offense is punished with a fine up to $500.

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