Fairfax Drunk in Public Charge §5-1-1

In Virginia, it is a crime to be intoxicated in public.  Va. Code §18.2-388 states that a Virginia public intoxication charge is a Class 4 misdemeanor.  Many local towns, cities and counties have their own versions of the Virginia public intoxication charge, including Fairfax County.  This post specifically focuses on the Fairfax Drunk in Public charge.

Drunk in Public Charge in Fairfax

The Drunk in Public charge in Fairfax 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 public intoxication charge is that the Fairfax Code prohibits being “drunk” in public, while the Virginia code uses the word “intoxicated.”  Additionally, the Virginia public intoxication charge criminalizes intoxication from either alcohol or drugs.  The Drunk in Public charge in Fairfax does not include intoxication from drugs.

Proof of a Drunk in Public Charge in Fairfax

To convict an offender of a Drunk in Public charge in Fairfax, the Commonwealth must prove that the defendant was both drunk and in public.  Public means any place visible to the public. This means that someone can be convicted of a Drunk in Public charge in Fairfax even if he is on his own property.

Fairfax Drunk in Public Penalties

A Fairfax Drunk in Public charge is a Class 4 misdemeanor.  It is punished with a fine as high as $250.  The code states that this charge can be pre-paid without coming to court.  However, many people don’t realize that paying the fine is admitting guilt.  As a result, the offender will be found guilty of a CRIME and will have a permanent criminal record.

A conviction for a Drunk in Public charge in Fairfax will bar the offender from obtaining a concealed carry permit for 3 years and if he has one, he must surrender it upon being convicted.

Additionally, there are increased penalties for multiple convictions of a Fairfax Drunk in Public charge.  Fairfax County Code §5-1-1(b) states that if someone is convicted of being Drunk in Public 3 times within one year, he has committed a Class 3 misdemeanor.  This offense is punished with a fine up to $500.

Fairfax Drunk in Public Charge

Fairfax County Code §5-1-1 states:

(a) If any person profanely curse or swear or be drunk in public he shall be deemed guilty of a Class 4 misdemeanor.  In any area in which there is located a court-approved detoxification center, a law enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.

(b) If any person shall be convicted for being drunk in public three (3) times within one (1) year, such person shall be guilty of a Class 3 misdemeanor.

 

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