Is Drunk in Public a Crime in Fairfax?
May 5, 2019 by Jean Humbrecht
Is Drunk in Public a crime in Fairfax? Many people mistakenly believe that because it is not punished with jail time, a Fairfax Drunk in Public charge is not a crime. If you have been wondering, is Drunk in Public a crime in Fairfax, read the post below.
Fairfax Drunk in Public Charge
A Drunk in Public Charge in Fairfax is a Misdemeanor
A Fairfax Drunk in Public charge (Fairfax County Code §5-1-1) criminalizes being drunk in public.
The Fairfax County Drunk in Public charge (Fairfax County Code §5-1-1) is more specific than the Virginia Drunk in Public statute (Va. Code §18.2-388), which can be charged if an offender is drunk or intoxicated. An offender can be convicted of the Virginia Drunk in Public charge if he is intoxicated from alcohol or drugs, but the Fairfax County local code Drunk in Public charge is limited to intoxication from alcohol.
A person is “intoxicated” when he has consumed enough alcohol to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.
The term “public” has a broad definition and includes places visible to the public. A person can be convicted of being Drunk in Public in Fairfax if he is intoxicated on his own property if it is visible to the public.
Is Drunk in Public a Crime in Fairfax?
A Drunk in Public charge under Fairfax County code §5-1-1 is a Class 4 misdemeanor. It is punished with a fine up to $250 and a prohibition on having a concealed carry permit for three years. The fine can be pre-paid, but pre-paying the fine is admitting guilt and will result in a permanent criminal record that can never be expunged.
A Fairfax Drunk in Public charge under §5-1-1 is not punished with jail time, but the accused can still be taken to the local jail and held until he is no longer intoxicated.
For more information on a Fairfax Drunk in Public charge, click here.
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