Public Intoxication Charges in Fairfax

It is a crime to be drunk or intoxicated in public in Virginia (Va. Code §18.2-388).  Many local towns, cities and counties have their own versions of the Virginia Public Intoxication charge, including Fairfax County.  This post focuses on Public Intoxication charges in Fairfax.

Public Intoxication Charges in Fairfax are Crimes

Public Intoxication Charges in Fairfax

The Fairfax Public Intoxication charge (Fairfax County Code §5-1-1) states that it is a Class 4 misdemeanor to be intoxicated in public.  The difference between the Fairfax Public Intoxication charge and the Virginia Public Intoxication charge (Va. Code §18.2-388) is that the Fairfax County Code prohibits being “drunk” in public, but the Virginia code prohibits being “intoxicated” in public.  This means that a Virginia Public Intoxication charge can be committed by being intoxicated from either alcohol or drugs, but the Fairfax Public Intoxication charge only prohibits intoxication from alcohol.

Proof of Public Intoxication Charges in Fairfax

To convict someone of a Fairfax Public charge, the Commonwealth must prove that the offender was both intoxicated and in public.  A person is intoxicated when he has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, behavior or general appearance.  Public means any place visible to the public.  This means that someone can be convicted of a Fairfax Public Intoxication charge even if he is on his own property.

Penalties for Public Intoxication Charges in Fairfax

A Fairfax Public Intoxication charge (whether charged under Va. Code §18.2-388 or Fairfax County Code §5-1-1) is a Class 4 misdemeanor.  It is punished with a fine up to $250.  The fine can be pre-paid without coming to court.  However, pre-paying the fine without going to court is admitting guilt and the person will be convicted of the crime.  As a result, he will have a permanent criminal record that can never be expunged.

A third drunk in public conviction in Fairfax within one year becomes a Class 3 misdemeanor and is punished with a fine up to $500.

Additionally, convictions for Public Intoxication charges in Fairfax will prohibit the offender from having or obtaining a concealed carry permit for 3 years.

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