Public Intoxication in Virginia

Public Intoxication in Virginia is Punished with a Fine up to $250

A Public Intoxication charge in Virginia under Va. Code §18.2-388 criminalizes being intoxicated (or drunk) in public.  Intoxication can be caused by alcohol or drugs-even medication.  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 in the Virginia Public Intoxication statute is very broad and includes places visible to the community or public, including someone’s own property.  As a result, a person can be convicted of a Public Intoxication charge in Virginia if he is intoxicated on his own property if that part of the property is visible to the public.

Penalty for Public Intoxication in Virginia

Public Intoxication in Virginia is a crime under Va. Code §18.2-388.  It is not punished with jail time, but the offender can be taken to the local jail when he is charged and held until he has sobered up.  A Public Intoxication charge in Virginia is a Class 4 misdemeanor and is punished with a fine up to $250.  The offender can pre-pay the fine, which means he can avoid having to go to court.  However, pre-paying the fine is an admission of guilt and will result in a conviction on the offender’s permanent criminal record and can never be expunged.

A conviction for Public Intoxication in Virginia will also bar the offender from receiving a concealed carry permit for 3 years and if he has one, 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***