Public Intoxication Charges in Virginia

Public Intoxication charges in Virginia criminalize being intoxicated or drunk in public.  Many local counties, cities and towns have their own versions of the Virginia Public Intoxication charge.

In Virginia, a person is intoxicated when he has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.  Intoxication can be caused by alcohol or drugs-even medication.

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

Public Intoxication Charges in Virginia are Crimes

Penalty for Public Intoxication Charges in Virginia

Public Intoxication charges in Virginia are crimes.  They are not punished with any jail time, but the offender can be taken to the local jail when he is charged with being intoxicated in public and held until he has sobered up.

A Virginia Public Intoxication charge under Va. Code §18.2-388 is a Class 4 misdemeanor.  It is punished with a fine up to $250.  The offender can pre-pay the fine and avoid going to court.  However, the act of paying the fine is admitting guilt and will result in a conviction on the offender’s permanent criminal record that can never be expunged.

Additionally, the offender will be prohibited from obtaining a concealed carry permit for 3 years if he is convicted of any of the Public Intoxication charges in Virginia and if he has one, he must surrender it when he is convicted.

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