What Does “Public” in the Virginia Public Intoxication Charge Mean?
October 10, 2014 by Jean Humbrecht
What does “Public” in the Virginia Public Intoxication Charge Mean?
Many people do not take public intoxication charges in Virginia seriously because they are not punished with jail time. However, it is a CRIME to be intoxicated in public in Virginia. A Virginia Public Intoxication charge (Va. Code §18.2-388) is a Class 4 misdemeanor. It is punished with a fine up to $250 and the offender cannot obtain a concealed carry permit for 3 years if he is convicted. If he already has a concealed carry permit, he must forfeit the permit upon conviction. Additionally, even though it is not punished with jail time, the accused person will be held in jail until the police believe he has sobered up.
What Does Public In the Virginia Public Intoxication Charge Mean?
A person can be charged with being intoxicated in public in Virginia if he is intoxicated and in public.
So, what does public in the Virginia Public Intoxication charge mean? The term public in the Virginia Public Intoxication statute is very broad. Not only does it include places in public, but it includes places in open view and visible to the public. This means that someone can be convicted of a Virginia Public Intoxication charge under Va. Code §18.2-388 if he is intoxicated on his own property.
Intoxication occurs when an offender consumes enough intoxicants (alcohol or drugs) to observably affect his manner, speech, disposition, muscular movements, general appearance or behavior. Click here for more information on what it means to be “intoxicated” for purposes of the Virginia Public Intoxication charge.
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