Virginia Public Intoxication Laws

Public Intoxication Charges in Virginia are Crimes and Convictions Cannot be Expunged

Virginia Public Intoxication laws criminalize being intoxicated in public or in places in open view and visible to the public.  The offense is usually charged under Va. Code §18.2-388, but many local counties, cities and towns have their own versions of the Virginia Public Intoxication law.

Virginia Public Intoxication charges are misdemeanors, punished with fines and a ban on obtaining a concealed carry permit for 3 years.  The offense is not punished with jail time, but the person can be taken to the local jail when he is charged and held until the police are satisfied that he has sobered up.

Penalties for Violating Virginia Public Intoxication Laws

The fines for violating Virginia Public Intoxication laws can be pre-paid.  However, doing so is admitting guilt to the offense and will result in a conviction on the offender’s permanent criminal record just as if the offender had been convicted in court.  Convictions in Virginia can never be expunged (or erased) from a person’s permanent criminal record.

What Does Intoxicated Mean?

For purposes of Virginia Public Intoxication laws, 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 in the Virginia Public Intoxication laws includes places in open view and visible to the community or public.  As a result, a person can be convicted of violating the Virginia Public Intoxication laws if he is intoxicated on his own property.

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