Public Intoxication Laws in Virginia
July 5, 2022 by Jean Humbrecht
Public Intoxication laws in Virginia criminalize being intoxicated and/or drunk in public. The offense is generally a Class 4 misdemeanor, punished with a fine up to $250 and a ban on obtaining a concealed carry permit for 3 years. It is not punished with any jail time, but a person charged with public intoxication in Virginia can be taken to the local jail and held until he has sobered up.
Many local cities, counties and towns have their own versions of the Virginia Public Intoxication law.
A conviction for being Intoxicated in Public in Virginia will remain on the offender’s permanent criminal record and can never be expunged.
Penalties for Violating Public Intoxication Laws in Virginia
The fines for Public Intoxication charges in Virginia can be pre-paid, meaning the person does not need to go to court to contest the charge. However, by pre-paying the fine, the offender is admitting guilt and as a result he will have a conviction on his permanent criminal record that can never be expunged.
What Does Intoxicated Mean?
For purposes of Public Intoxication laws in Virginia, a person is intoxicated when he consumes enough alcohol or drugs to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.
What Does Public Mean?
Public includes places visible to the public. As a result, a person can be convicted of Public Intoxication in Virginia if he is intoxicated on his own property.
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