Is Drunk in Public a Crime in Virginia?
March 17, 2021 by Jean Humbrecht
Is Drunk in Public a crime in Virginia? Many people mistakenly believe that because it is not punished with jail time, a Virginia Drunk in Public charge is not a crime. If you are wondering, is Drunk in Public a crime in Virginia, read the post below.
A Virginia Drunk in Public Charge is a Crime
Drunk in Public in Virginia
A Virginia Drunk in Public charge (Va. Code §18.2-388) criminalizes being intoxicated in public.
Intoxication can be caused by alcohol or drugs-even a 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 and includes places visible to the public. Therefore, 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 Drunk in Public a Crime in Virginia?
A Drunk in Public charge in Virginia is a Class 4 misdemeanor. The penalty is a fine up to $250 and a prohibition on having a concealed carry permit for three years. The fine can be pre-paid, which means the offender does not need to go to court. However, pre-paying the fine is admitting guilt and will result in a permanent criminal record that can never be expunged.
A Virginia Drunk in Public charge is not punished with jail time. However, the accused can still be taken to the local jail when he is charged with being Drunk in Public in Virginia and held until he is no longer intoxicated.
For more information on a Virginia Drunk in Public charge, click here.
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