Virginia Public Intoxication

A Virginia Public Intoxication Charge is a Class 4 Misdemeanor

A Virginia Public Intoxication charge (Va. Code §18.2-388) criminalizes being intoxicated in public.

What Does Intoxicated Mean?

In Virginia, a person is “intoxicated” when he has consumed enough alcohol or drugs to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.

For more information on the meaning of “intoxicated” in the Virginia Public Intoxication charge, click here.

What Does Public Mean?

The term “public” in the Virginia Public Intoxication charge includes places open and visible to the community or public.  This means that a person can be convicted of a Public Intoxication charge in Virginia even if he is intoxicated on his own property.

For more information on the meaning of “public” in the Virginia Public Intoxication charge, click here.

Penalty for Virginia Public Intoxication Charge

A Public Intoxication charge in Virginia is a misdemeanor and is punished with a fine and a prohibition on obtaining a concealed carry permit for 3 years. The offender can also be taken to the local jail when he is charged with being intoxicated in public and held until the police believe he has sobered up.

The fine for a Public Intoxication charge in Virginia can be pre-paid without going to court. However, pre-paying the fine is admitting guilt to the offense and will result in a conviction on the offender’s permanent criminal record that can never be expunged.

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