Public Intoxication in Fairfax

A Virginia Public Intoxication charge (Va. Code §18.2-388) is a misdemeanor.  Many counties, cities and towns have their own public intoxication laws.  This post specifically focuses on Public Intoxication in Fairfax under Fairfax County Code §5-1-1.

Public Intoxication Charge in Fairfax

A charge of being Intoxicated in Public in Fairfax (Fairfax County Code §5-1-1) is a Class 4 misdemeanor.  The difference between the Virginia and Fairfax versions of this crime is that the Virginia charge criminalizes intoxication from alcohol or drugs.  The Fairfax Public Intoxication charge, however, only criminalizes intoxication from alcohol.

Proof of Public Intoxication in Fairfax

To convict an offender of a Fairfax Public Intoxication charge under §5-1-1, the Commonwealth must prove the offender was both intoxicated and in public.  For purposes of a Public Intoxication charge in Fairfax, public includes any place visible to the public.  This interpretation is quite broad and can include the offender’s own property.

A Public Intoxication in Fairfax Charge is a CRIME

Penalties for Fairfax Public Intoxication Charge

A Fairfax Public Intoxication charge is a Class 4 misdemeanor.  It is punished with a fine up to $250.  The fine can be pre-paid without going to court.  However, paying the fine without going to court is an admission of guilt  and will result in a conviction that will remain on the offender’s permanent criminal record and can never be expunged.

Another penalty for a Fairfax Public Intoxication conviction is that the offender will not be able to obtain a concealed carry permit for 3 years and if he has one, he must surrender it.

There are increased penalties for multiple convictions for being Drunk or Intoxicated in Public in Fairfax.  A third offense under Fairfax County Code §5-1-1(b) within one year will be charged as a Class 3 misdemeanor and is punished with a fine up to $500.

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