Fairfax Drunk in Public

In Virginia, it is a crime to be drunk in public.  Va. Code §18.2-388 states that a Virginia Drunk in Public charge is a misdemeanor.  Many local towns, cities and counties have their own versions of the Virginia Drunk in Public charge, including Fairfax County.  This post specifically focuses on the Fairfax Drunk in Public charge under Fairfax County Code §5-1-1.

Fairfax Drunk in Public Charge

A Drunk in Public Charge in Fairfax is Punished with a Fine

The Drunk in Public charge in Fairfax under Fairfax County Code §5-1-1. states that it is a Class 4 misdemeanor to be drunk in public in Fairfax County.  The main difference between the Fairfax Drunk in Public statute and the Virginia Drunk in Public charge is that the Fairfax Code criminalizes being drunk in public, while the Virginia code criminalizes being intoxicated in public.  The Drunk in Public charge in Fairfax under  §5-1-1 does not include intoxication from drugs, but the Virginia Drunk in Public charge criminalizes intoxication from either alcohol or drugs.

Proof of a Drunk in Public Charge in Fairfax

To convict an offender of a Drunk in Public charge n Fairfax, the Commonwealth must prove that the defendant was both drunk and in public.  Intoxicated means consuming enough intoxicants to observably affect one’s manner, disposition, speech, muscular movement, general appearance or behavior.  Public means any place open and visible to the community or public-including the offender’s own property.

Fairfax Drunk in Public Penalties

A Drunk in Public charge in Fairfax is a Class 4 misdemeanor.  It is punished with a fine up to $250.  The code states that the fine for this charge can be pre-paid without coming to court.  However, pre-paying the fine is an admission of guilt.  As a result, the offender will be convicted of a CRIME and will have a permanent criminal record that cannot be expunged.

A conviction will also prohibit the offender from obtaining a concealed carry permit for 3 years.

There are increased penalties for multiple Drunk in Public convictions in Fairfax.  Fairfax County Code §5-1-1(b) provides that if someone is convicted of being Drunk in Public 3 times within one year under that code section, the offense becomes a Class 3 misdemeanor and is punished with a fine up to $500.

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