Is Being Drunk in Public a Crime in Virginia?
January 24, 2018 by Jean Humbrecht
Is being drunk in public a crime in Virginia? Because it is not punished with jail time and can be pre-paid, many people think that a Virginia Drunk in Public charge is not a crime. However, it in fact IS a crime and a conviction (even by pre-paying the fine) will result in a permanent criminal record that can never be expunged.
Virginia Drunk in Public Charge
A Drunk in Public charge in Virginia (Va. Code §18.2-388) criminalizes being intoxicated in public.
It is a Crime to be Drunk in Public in Virginia
Intoxication can be caused by alcohol or drugs-even a valid prescription. A person is “intoxicated” when he has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.
The term “public” has a broad definition in Virginia and includes places open and visible to the public. As a result, a person can be convicted of a Virginia Drunk in Public charge if he is intoxicated on his own property if it is visible to the public.
Is Being Drunk in Public a Crime in Virginia?
A Virginia Drunk in Public charge (Va. Code §18.2-388) is a Class 4 misdemeanor. It is not punished with jail time, but the accused can still be taken to the local jail and held until the police believe he is no longer intoxicated. The offense is punished with a fine up to $250. However, a conviction will remain on the offender’s permanent criminal record and can never be expunged.
Additionally, a conviction will bar the offender from obtaining a concealed carry permit for 3 years and if he has a permit, it will be forfeited.
Click here for more information on a Virginia Drunk in Public charge.
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