What Does Intoxicated Mean in the Virginia Public Intoxication Statute?

Intoxication in Virginia Can be Caused by Alcohol or Drugs-Including Medication

A Virginia Public Intoxication charge under Va. Code §18.2-388 criminalizes being intoxicated in public.  If you are wondering, what does intoxicated mean in the Virginia Public Intoxication statute, read the post below.

What Does Intoxicated Mean in the Virginia Public Intoxication Statute?

Intoxicated means a condition in which a person has drunk enough intoxicants to observably affect his manner, speech, disposition, general appearance, muscular movement or behavior.  An odor of alcohol combined with any of these factors could be enough for a conviction.

A person can be convicted of Public Intoxication in Virginia if he is intoxicated from either alcohol or drugs-even a prescription.  Additionally, the police do not need to administer a breathalyzer test to determine if someone is intoxicated in public in Virginia.

Penalty for Virginia Public Intoxication Charge

A Public Intoxication charge in Virginia is punished with a fine up to $250.  The fine can be pre-paid, but paying the fine is admitting guilt to the offense and will result in a conviction.  Additionally, a conviction will prohibit the person from obtaining a concealed weapon permit for 3 years and if the offender has a permit, he must surrender it if he is convicted.

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

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