PBT and Public Intoxication Charge in Virginia

Can I Be Convicted of a Public Intoxication Charge in Virginia without a PBT result?

A Virginia Public Intoxication charge under Va. Code §18.2-388 criminalizes being intoxicated in public.  It does not take much to be convicted of a Virginia Public Intoxication charge.  If you are wondering about the relationship between a PBT and Public Intoxication charge in Virginia, read the post below.

PBT and Public Intoxication Charge in Virginia

Intoxication occurs when a person has consumed enough intoxicants to observably affect his manner, speech, disposition, muscular movement, general appearance or behavior.  An odor of alcohol, by itself, is not enough to convict someone of Public Intoxication in Virginia,  However, an odor of alcohol combined with other factors such as the ones listed above could be enough.  A person can be intoxicated from consuming alcohol, drugs or both-even a valid prescription.

Contrary to popular belief, the police do NOT need evidence from a PBT (preliminary breath test), Breathalyzer Test, or any other scientific test to convict someone of a Public Intoxication charge in Virginia.  The Commonwealth only needs to prove that the person consumed alcohol, drugs, or both, and that the consumption observably affected his manner, speech, disposition, muscular movement, general appearance or behavior.

Definition of Public

Public in the Virginia Pubic Intoxication statute means any place in open view and visible to the public, including the offender’s own property.

Penalty for Public Intoxication Charge in Virginia

A Public Intoxication charge in Virginia is a Class 4 misdemeanor.  It is punished with a fine as high as $250 and the person will be prohibited from obtaining a concealed carry permit for at least 3 years.  If the person has a concealed carry permit, it must be forfeited after a conviction for a Virginia Public Intoxication charge.

Additionally, a conviction for a Public Intoxication charge in Virginia will remain on the offender’s permanent criminal record and can never be expunged.

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