Is Public Intoxication a Misdemeanor in Virginia?
March 31, 2018 by Jean Humbrecht
Is Public Intoxication a misdemeanor in Virginia? Many people think that because it is not punished with jail time, a Virginia Public Intoxication charge is not a criminal offense. If you are wondering, is Public Intoxication a misdemeanor in Virginia, read the post below.
Virginia Public Intoxication Charge
Is Public Intoxication a Misdemeanor in Virginia?
A Virginia Public Intoxication charge (Va. Code §18.2-388) criminalizes being intoxicated in public. Intoxication can be caused by alcohol or drugs-even prescription medication. 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” includes places open and visible to the public. This means that a person can be convicted of a Virginia Public Intoxication charge if he is intoxicated on his own property.
Is Public Intoxication a Misdemeanor in Virginia?
Even though it is not punished with jail time, a Virginia Public Intoxication charge (Va. Code §18.2-388) is a crime. It is a Class 4 misdemeanor and is punished with a fine up to $250 and a ban on obtaining 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 an admission of guilt and will result in a conviction on the offender’s permanent criminal record that can never be expunged.
Click here for more information on a Virginia Public Intoxication charge.
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