What Does “Public” in the Virginia Drunk in Public Charge Mean?

Many people mistakenly think that because a Virginia Drunk in Public charge is not punished with jail, it is therefore not a crime and fail to take the charge seriously.  However, it is in fact a CRIME to be drunk in public in Virginia.  A Virginia Drunk in Public charge under Va. Code §18.2-388 is a Class 4 misdemeanor.  It is punished with a fine up to $250 and the offender can be taken to the local jail when he is charged and held until he has sobered up.  Additionally, a conviction will prohibit the offender from obtaining a concealed carry permit for 3 years.

An Offender Can Be Charged with Being Drunk in Pubic if He is Drunk on his Own Property in Virginia

What Does Public In the Virginia Drunk in Public Charge Mean?

A person can be charged with being drunk in public in Virginia if he is intoxicated and in public.

The term public in the Virginia Drunk in Public statute is interpreted very broadly.  Not only does it include places in public, but it includes places in open view and visible to the community or public.  This means that someone can be convicted of a Virginia Drunk in Public charge under Va. Code §18.2-388 if he is drunk or intoxicated on his own property.

Intoxication is a condition in which an offender has consumed enough intoxicants to observably affect his manner, speech, disposition, muscular movements, general appearance or behavior.  For more information on what it means to be “intoxicated” for purposes of the Virginia Drunk in Public charge, click here.

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