Is Public Intoxication a Crime in Virginia?

Is Public Intoxication a crime in Virginia?  Many people mistakenly believe that because it is not punished with jail time, a Virginia Public Intoxication charge is not a crime.  If you are wondering, is Public Intoxication a crime in Virginia, read the post below.

Public Intoxication in Virginia

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

Public Intoxication in Virginia is a Misdemeanor

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

The term “public” includes places open and visible to the public.  Therefore, a person can be convicted of a Virginia Public Intoxication charge if he is intoxicated on his own property.

Is Public Intoxication a Crime in Virginia?

A Public Intoxication charge in Virginia is a misdemeanor and is punished with a fine up to $250 and a prohibition on having a concealed carry permit for three years.  The fine can be pre-paid, meaning the offender does not need to appear in court.  However, pre-paying the fine is admitting guilt and will result in a permanent criminal record that can never be expunged.

Although a Virginia Public Intoxication charge is not punished with any jail time, the accused can still be taken to the local jail and held until he is no longer intoxicated.

For more information on a Virginia Public Intoxication charge, click here.

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