Is Public Intoxication a Criminal Offense in Fairfax?

Is Public Intoxication a criminal offense in Fairfax?  Many people think that because it is not punished with jail time, a Fairfax Public Intoxication charge is not a crime.  If you have been wondering, is public intoxication a criminal offense 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 Public Intoxication charge (Fairfax County Code §5-1-1) is more specific than the Virginia Public Intoxication charge (Va. Code §18.2-388), which applies 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 only applies to intoxication from alcohol.

A person is intoxicated when he has consumed enough intoxicants (alcohol or drugs) to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.

The term public has a broad definition and includes places open and visible to the public.  A person can be convicted of a Fairfax Public Intoxication charge if he is intoxicated on his own property if it is visible to the public.

Is Public Intoxication a Criminal Offense in Fairfax?

Is Public Intoxication a Criminal Offense 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 admitting guilt and will result in a conviction on the offender’s 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 the police believe he has sobered up.

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

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