Fairfax Public Intoxication Laws

Fairfax Public Intoxication Laws Criminalize Being Drunk in Public in Fairfax

Public Intoxication in Virginia is a crime.  Va. Code §18.2-388 is the main Public Intoxication law in Virginia, making the offense a Class 4 misdemeanor.  Many local cities, towns and counties have their own versions of the Virginia Public Intoxication charge, including Fairfax County.  The post below focuses on Fairfax Public Intoxication laws.

Fairfax Public Intoxication Laws

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

To convict an offender of being intoxicated in public in Fairfax, the Commonwealth must prove that the offender was both intoxicated from alcohol 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.  For purposes of Fairfax Public Intoxication laws, the word “public” means places visible to the public.

Penalties for Fairfax Public Intoxication Laws

Fairfax Public Intoxication charges (Fairfax County Code §5-1-1 or Va. Code §18.2-388) are Class 4 misdemeanors.  They are punished with fines as high as $250.  The fine can be pre-paid without coming to court, but pre-paying the fine is an admission of guilt and the conviction will remain on the offender’s permanent criminal record and can never be expunged.

A third conviction within one year of being Drunk in Public in Fairfax is a Class 3 misdemeanor, punished with a fine up to $500.

In addition to a fine, anyone convicted of violating Fairfax Public Intoxication laws will be prohibited from having or obtaining a concealed carry permit for three years.

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