Fairfax Public Intoxication Law

It is a crime to be intoxicated in public in Virginia under Va. Code §18.2-388.  Many local counties, towns and cities have their own versions of the Virginia Public Intoxication charge, including Fairfax County.  This post focuses on the Fairfax Public Intoxication charge under Fairfax County Code §5-1-1.

Fairfax Public Intoxication Law

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

Proof of Public Intoxication Charge in Fairfax

To convict an offender of violating the Fairfax Public Intoxication law, the Commonwealth must prove that the offender was both drunk (intoxicated from alcohol) 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 visible to the public-including the offender’s own property.

The Fairfax Public Intoxication Law Makes it a Crime to be Drunk in Public

Penalties for Violating Fairfax Public Intoxication Law

A Public Intoxication charge in Fairfax is a Class 4 misdemeanor.  It is punished with a fine up to $250 which can be pre-paid without going to court.  However, pre-paying the fine is admitting guilt to the offense.  As a result, the offender will be convicted of a CRIME and will have a permanent criminal record that can never be expunged.

The offender will also be prohibited from obtaining a concealed carry permit for 3 years and if he has one, he must surrender it when he is convicted.

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

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