Is Public Intoxication a Crime in Fairfax?

Is Public Intoxication a Crime in Fairfax?

Is Public Intoxication a crime in Fairfax?  Many people mistakenly believe that because it is not punished with any jail time, a Fairfax Public Intoxication charge is not a crime.  If you have been wondering, is public intoxication a crime in Fairfax, read the post below.

Fairfax Public Intoxication Charge

A Fairfax Public Intoxication charge (Fairfax County Code §5-1-1) criminalizes being intoxicated in public.

The Fairfax County Public Intoxication charge (Fairfax County Code §5-1-1) is more specific than the Virginia Public Intoxication 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 Public Intoxication charge if he is intoxicated from either alcohol or drugs, but the Fairfax County Public Intoxication charge is limited to intoxication from alcohol.

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.  A person can be convicted of being intoxicated in public in Fairfax if he is intoxicated on his own property if it is visible to the public.

Is Public Intoxication a Crime in Fairfax?

A Public Intoxication 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 obtaining a concealed carry permit for three years.  The fine can be pre-paid, but pre-paying the fine is an admission of guilt and will result in a permanent criminal record that can never be expunged.

A Fairfax Public Intoxication 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.

Click here for more information on a Fairfax Public Intoxication charge.

***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***