Virginia Drunk in Public Charge

A Virginia Drunk in Public charge (Va. Code §18.2-388) criminalizes being drunk (or intoxicated) in public.  Intoxication can be caused by alcohol or drugs-even prescription medication.  A person is intoxicated when he has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.

A Virginia Drunk in Public Charge is a Class 4 Misdemeanor

The term public in the Virginia Drunk in Public statute is interpreted broadly and includes places visible to the public, including your own property.  As a result, a person can be convicted of a Virginia Drunk in Public charge if he is intoxicated on his own property.

Penalty for a Virginia Drunk in Public Charge

A Virginia Drunk in Public charge under Va. Code §18.2-388 is a crime.  It is not actually punished with any jail time, but the offender can be taken to the local jail and held until the police feel like he has sobered up.  A Virginia Drunk in Public charge is a Class 4 misdemeanor which is punished with a fine up to $250.  The fine can be pre-paid, which means the offender does not need to appear in court.  However, pre-paying the fine is an admission of guilt to the offense and will result in a conviction on the offender’s permanent criminal record.  A conviction for a Virginia Drunk in Public charge can never be expunged from the offender’s criminal record.

Additionally, a conviction for a Drunk in Public charge in Virginia will prohibit the offender from obtaining a concealed carry permit for 3 years and if he has such a permit, he must surrender it upon conviction.

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