Preliminary Breath Test and Drunk in Public Charge in Virginia
July 11, 2015 by Jean Humbrecht
A Drunk in Public charge in Virginia (Va. Code §18.2-388) criminalizes being drunk or intoxicated in public. It does not take much to be convicted of a Drunk in Public charge in Virginia and the police rarely use scientific tests. If you are wondering about the relationship between a Preliminary Breath Test and Drunk in Public charge in Virginia, read the post below.
Preliminary Breath Test and Drunk in Public Charge in Virginia
Is There a Relationship Between a Preliminary Breath Test and Drunk in Public Charge in Virginia?
A person is intoxicated when he has consumed enough intoxicants to observably affect his manner, speech, disposition, muscular movement, general appearance or behavior. An odor of alcohol is not enough to convict someone of being drunk in public in Virginia, However, an odor of alcohol combined with any of the other factors listed above could be sufficient for a conviction. A person can be intoxicated from consuming either alcohol or drugs-even medication.
Surprisingly, the police do NOT need evidence from a Preliminary Breath Test (PBT), Breathalyzer Test, or any other scientific test to convict someone of a Virginia Drunk in Public charge. The Commonwealth only needs to establish that the person consumed alcohol or drugs and that the consumption observably affected the person’s manner, speech, disposition, muscular movements, general appearance or behavior.
Penalties for Virginia Drunk in Public Charge
A Drunk in Public charge in Virginia (Va. Code §18.2-388) is a misdemeanor. It is not punished with any jail time, but a fine up to $250. Additionally, anyone convicted of a Virginia Drunk in Public charge cannot obtain a concealed carry permit for 3 years. Finally, and most importantly, even though it is not punished with any jail time, a conviction for a Virginia Drunk in Public charge can never be expunged from the offender’s permanent criminal record.
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