Virginia Drunk in Public Charges

Virginia Drunk in Public charges criminalize being drunk or intoxicated in public.  Many local counties, cities and towns have their own versions of the Virginia Drunk in Public charge (Va. Code §18.2-388).

Virginia Drunk in Public Charges are Misdemeanors

In Virginia, a person is intoxicated when he has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.  Intoxication can be caused by alcohol or drugs.

The term public includes places open and visible to the public.  As a result, a person can be convicted of a Drunk in Public charge in Virginia under Va. Code §18.2-388 if he is intoxicated on his own property.

Penalty for Virginia Drunk in Public Charges

Virginia Drunk in Public charges are misdemeanors.  They are not punished with any jail time, but the offender can be taken to the local jail when he is charged with being drunk in public and held until he is no longer intoxicated.

Virginia Drunk in Public charges are usually Class 4 misdemeanors.  They are punished with fines up to $250.  The fines can be pre-paid without having to go to court.  However, paying the fine is admitting guilt to the charge and will result in a conviction on the offender’s permanent criminal record.  Convictions in Virginia can never be expunged.

Additionally, convictions for Virginia Drunk in Public charges will bar the offender from obtaining a concealed carry permit for three years and if he has one, he must surrender it.

Virginia Drunk in Public charges need to be taken seriously.  Since they are crimes, ignoring the fine, ignoring the court date, or minimizing their consequences because they are not punished with jail can be a big mistake resulting in a permanent criminal record.

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