Fairfax Drunk in Public Charges

Fairfax Drunk in Public Charges are Crimes

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 Class 4 misdemeanor.  Many local counties, towns, and cities have their own versions of the Virginia Drunk in Public charge, including Fairfax County.  The post below focuses on Fairfax Drunk in Public charges.

Fairfax Drunk in Public Charges

The Fairfax Drunk in Public charge (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 charge and the Virginia Drunk in Public charge (Va. Code §18.2-388) is that the Fairfax Code prohibits being “drunk” in public, while the Virginia code uses the word “intoxicated.”  Additionally, the Virginia Drunk in Public charge criminalizes intoxication from either alcohol or drugs, but the Fairfax Drunk in Public charge under Fairfax County Code §5-1-1 only prohibits public intoxication from alcohol.

Proof of Fairfax Drunk in Public Charges

To convict an offender of a Fairfax Drunk in Public charge, the Commonwealth must prove that the offender was both intoxicated and in public.  A person is intoxicated when he has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.  Public means any place visible to the public. This means that someone can be convicted of a Fairfax Drunk in Public charge even if he is on his own property.

Penalties for Fairfax Drunk in Public Charges

A Drunk in Public charge in Fairfax (whether charged under Va. Code §18.2-388 or Fairfax County Code §5-1-1) is a Class 4 misdemeanor.  It is punished with a fine as high as $250.  The fine can be pre-paid without coming to court. However, pre-paying the fine is an admission of guilt which will result in a permanent criminal record that can never be expunged.

Additionally, convictions for Fairfax Drunk in Public charges will prohibit the offender from obtaining a concealed carry permit for three years and if he has one, he must surrender it.

***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***