Public Intoxication Charge in Virginia

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

Intoxication is consuming enough intoxicants (alcohol or drugs) to observably affect a person’s manner, disposition, speech, muscular movement, general appearance or behavior.

A Public Intoxication Charge in Virginia is a Crime

The term public is interpreted broadly and includes places open and visible to the public.  As a result, a person can be convicted of a Virginia Public Intoxication charge under Va. Code §18.2-388 if he is intoxicated on his own property if it is visible to the public.

Penalty for Public Intoxication Charge in Virginia Under Va. Code §18.2-388

A Public Intoxication charge in Virginia under Va. Code §18.2-388 is a crime.  It is not punished with jail time, but the offender can be taken to the local jail and held until he has sobered up.

A Public Intoxication charge in Virginia is a Class 4 misdemeanor.  It is punished with a fine up to $250.  The fine can be pre-paid, which means the offender does not need to go to court and contest the charge.  However, pre-paying the fine is admitting guilt to the offense and will result in a conviction on the offender’s permanent criminal record that can never be expunged.

A conviction for a Public Intoxication charge in Virginia will also bar the offender from obtaining a concealed carry permit for 3 years and if he already has such a permit, he must surrender it.

***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***