Herndon Public Intoxication Charge (Herndon Code 46-16)

September 20, 2016 by Jean Humbrecht

Public intoxication in Virginia is a CRIME.  Va. Code §18.2-388 is the main Virginia public intoxication charge.  Many counties, cities and towns have their own similar versions of the Virginia public intoxication charge.  This post specifically focuses on the Herndon public intoxication charge.

Herndon Public Intoxication ChargeHerndon Public Intoxication Charge

Herndon’s public intoxication charge, also known as a drunk in public charge, states that it is a misdemeanor to be intoxicated in public in the town of Herndon.  Like the Virginia public intoxication charge under Va. Code §18.2-388, the public intoxication charge under Herndon Code section 46-16 criminalizes public intoxication from either alcohol OR drugs.

Proof of Herndon Public Intoxication Charge

To convict someone of a Herndon public intoxication charge under Herndon Code Section 46-16, the judge must find, beyond a reasonable doubt, that the offender was both:

  • intoxicated, AND
  • in a public place.

Intoxication means that the offender drank enough alcohol to “observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.”  This definition is found in Va. Code §4.1-100.  An offender can be convicted of a Herndon Public Intoxication charge if he is intoxicated from alcohol or drugs.

Public generally means any place “visible” to the public.  Someone can be convicted of a Herndon public intoxication charge even if he is on his own property.

Punishment for Herndon Public Intoxication Charge

A Herndon public intoxication charge is a Class 4 misdemeanor.  It is punished by a fine up to $250. If someone is charged with any Virginia public intoxication charge, including in the town of Herndon, he can pre-pay the fine without going to court.  However, paying the fine means the offender is admitting the charge and therefore, that he is guilty.  As a result, he will be convicted (found guilty) of public intoxication and the conviction will be on his PERMANENT CRIMINAL record.

Herndon Public Intoxication Charge Under Herndon Code Section 46-16:

If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a class 4 misdemeanor. In any area in which there is located a court-approved detoxication 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.

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