What Does “Intoxicated” Mean in the Virginia Drunk in Public Statute?

What does intoxicated mean in the Virginia Drunk in Public statute?  A Virginia Drunk in Public charge under Va. Code §18.2-388 criminalizes being intoxicated in public.

What Does Intoxicated Mean in the Virginia Drunk in Public Statute?

What Does Intoxicated Mean in the Virginia Drunk in Public Statute?

Intoxicated means a condition in which a person has drunk enough alcoholic beverages to observably affect his manner, speech, disposition, general appearance, muscular movement or behavior.  The odor of alcohol on a person’s breath is not enough.  However, an odor of alcohol combined with any of the other factors could be sufficient for a conviction.

A person can be convicted of being drunk in public in Virginia if he is intoxicated from either alcohol or drugs-including a valid prescription.

The police do not need to administer a breathalyzer test to determine if someone is drunk in public in Virginia.

What Does Public Mean in the Virginia Drunk in Public Statute?

Public means any place in open view and visible to the public.  As a result, a person can be convicted of a Virginia Drunk in Public charge even if he is on his own property.

Penalty for Virginia Drunk in Public Charge

A Virginia Drunk in Public charge is punished with a fine up to $250.  Additionally, a conviction will prohibit the person from obtaining a concealed weapon permit for 3 years.  If the person has a concealed carry permit, he must forfeit it if convicted of a Virginia Drunk in Public charge.

Even though it is not punished with any jail time, the offense is still a crime and a conviction will remain on the offender’s permanent criminal record and can never be expunged.

The fine for a Virginia Drunk in Public charge can be pre-paid, but 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.

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