Public Intoxication Laws in Fairfax

Public Intoxication Laws in Fairfax Criminalize Being Drunk in Public

In Virginia, it is a crime to be intoxicated (or drunk) in public.  Many towns, cities and counties in Virginia have their own versions of the Virginia Public Intoxication charge, including Fairfax County.  This post focuses on Public Intoxication laws in Fairfax.

Public Intoxication Laws in Fairfax

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

Proof of Public Intoxication Charges in Fairfax

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

Penalties for Public Intoxication Laws 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 punished with a fine as high as $250.  The fine can be pre-paid without coming to court.  However, pre-paying the fine is admitting guilt and will result in a permanent criminal record that can never be expunged.

Additionally, a person is unable to obtain a concealed carry permit for 3 years if he is convicted of Public Intoxication in Fairfax and if he has a permit, he must surrender it when he is convicted.

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