Virginia Public Intoxication Charge

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

The term public in the Virginia Public Intoxication statute is interpreted very broadly and includes places open and visible to the public-including someone’s own property.

A Virginia Public Intoxication Charge is a Crime

Penalty for a Virginia Public Intoxication Charge

A Virginia Public Intoxication charge under Va. Code §18.2-388 is a crime.  It is not punished with any actual jail time, but the offender can be taken to the local jail when he is charged and held until the police feel like he has sobered up.

A Virginia Public Intoxication charge is a Class 4 misdemeanor and is punished with a fine up to $250.  The fine can be pre-paid, meaning the offender does not need to appear in court.  However, by pre-paying the fine the offender is admitting guilt to the offense and will have a conviction on his permanent criminal record.  A conviction for a Virginia Public Intoxication charge can never be expunged, or erased, from a criminal record.

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

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