Is Public Intoxication a Criminal Offense in Virginia?

Is Public Intoxication a criminal offense in Virginia?  Many people think that because it is not punished with jail time, a Virginia Public Intoxication charge is not a crime.  If you are wondering, is Public Intoxication a criminal offense in Virginia, read the post below.

Public Intoxication in Virginia

A Virginia Public Intoxication charge (Va. Code §18.2-388) criminalizes being intoxicated or drunk in public.

Intoxication can be caused by alcohol or drugs-even prescription medication.  A person is “intoxicated” when he has consumed enough alcohol or drugs (or both) to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.

The term “public” is very broad and includes places open and visible to the public.  Therefore, a person can be convicted of a Virginia Public Intoxication charge if he is intoxicated or drunk on his own property if it is visible to the public.

Is Public Intoxication a Criminal Offense in Virginia?

Is Public Intoxication a Criminal Offense in Virginia?

A Public Intoxication charge in Virginia is a Class 4 misdemeanor.  It is punished with a fine up to $250 and a prohibition on having or obtainig a concealed carry permit for three years.  The fine can be pre-paid, which means the offender does not have to go to court.  However, pre-paying the fine is an admission of guilt and will result in a permanent criminal record that can never be expunged.

A Virginia Public Intoxication charge is not punished with jail time.  However, the accused can still be taken to the local jail when he is charged with being Intoxicated in Public in Virginia and held until he is no longer intoxicated.

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

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