Virginia Public Intoxication Charges

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

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-even a valid prescription.

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

Penalty for Virginia Public Intoxication Charges

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

Public Intoxication Charges in Virginia are Crimes

Virginia Public Intoxication 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 an admission of guilt and will result in a conviction on the offender’s permanent criminal record that can never be expunged.

Additionally, convictions for Virginia Public Intoxication charges will prohibit the offender from obtaining a concealed carry permit for three years and if he has one, he must surrender it once he is convicted.

Virginia Public Intoxication charges need to be taken seriously.  Ignoring the fine, court date, or minimizing the consequences of a conviction can be a big mistake resulting in a permanent criminal record.

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