Is Drunk in Public a Misdemeanor in Fairfax?
May 5, 2017 by Jean Humbrecht
Is Drunk in Public a misdemeanor in Fairfax? Many people mistakenly believe that because it is not punished with jail time, a Drunk in Public charge in Fairfax is not a crime. If you have been wondering, is Drunk in Public a misdemeanor in Fairfax, read the post below.
A Fairfax Drunk in Public Charge is a Class 4 Misdemeanor
Fairfax Drunk in Public Charge
A Fairfax Drunk in Public charge (Fairfax County Code §5-1-1) criminalizes being drunk in public.
The Fairfax County Drunk in Public charge (Fairfax County Code §5-1-1) is more specific than the Virginia Drunk in Public statute (Va. Code §18.2-388). An offender can be convicted of the Virginia Drunk in Public charge if he is intoxicated from alcohol or drugs, but the Fairfax County local code Drunk in Public charge is limited to intoxication from alcohol.
A person is “intoxicated” when he has consumed enough alcohol to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.
The term “public” has a broad definition and includes places visible to the public. As a result, a person can be convicted of being Drunk in Public in Fairfax if he is drunk on his own property.
Is Drunk in Public a Misdemeanor in Fairfax?
A Drunk in Public charge under Fairfax County code §5-1-1 is a Class 4 misdemeanor. It is punished with a fine up to $250 and a prohibition on obtaining a concealed carry permit for three years. The fine can be pre-paid, but pre-paying the fine is admitting guilt and will result in a permanent criminal record that can never be expunged.
For more information on a Fairfax Drunk in Public charge, click here.
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