Fairfax Public Intoxication Charge

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

Fairfax Public Intoxication Charge

The Fairfax Public Intoxication charge states that it is a Class 4 misdemeanor to be intoxicated in public in Fairfax County.  The main difference between the Fairfax Public Intoxication statute and the Virginia Public Intoxication charge is that the Fairfax Code prohibits being “drunk” in public, while the Virginia code prohibits being “intoxicated” in public.  Additionally, the Virginia Public Intoxication charge criminalizes intoxication from either alcohol or drugs, whereas the Fairfax Public Intoxication charge does not include intoxication from drugs and only prohibits being intoxicated from alcohol.

Proof of Public Intoxication Charge in Fairfax

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

Fairfax Public Intoxication Penalties

A Fairfax Public Intoxication charge is a Class 4 misdemeanor and is punished with a fine as high as $250.  The fine for this charge can be pre-paid without having to go to court.  However, many people don’t realize that 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 can never be expunged.

A conviction for a Fairfax Public Intoxication charge in Fairfax will prohibit the offender from obtaining a concealed carry permit for 3 years and if he has one, he must surrender it if he is convicted of a Public Intoxication charge in Fairfax.

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

Fairfax Public Intoxication 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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