What if the Police Do Not Give Me a Breath Test Before Arresting Me for Drunk in Public in Virginia?

A Drunk in Public charge in Virginia (Va. Code §18.2-388) criminalizes being drunk (or intoxicated) in public.  It does not take much to be convicted and scientific tests are rarely used.  If you are wondering, what if the police do not give me a breath test before arresting me for Drunk in Public in Virginia, read the post below.

What if the Police Do Not Give Me A Breath Test Before Arresting Me for Drunk in Public in Virginia?

What if the Police do not Give Me a Breath Test Before Arresting Me for Drunk in Public in Virginia?

A person is intoxicated when he has consumed enough intoxicants to observably affect his manner, speech, disposition, muscular movement, general appearance or behavior.  An odor of alcohol, by itself, is not enough to convict a person of being Drunk in Public in Virginia,  However, an odor of alcohol combined with the other factors listed above can be sufficient for a conviction.  A person can be intoxicated from consuming alcohol, drugs or both-even prescription medication.

The police do NOT need evidence from a breath test or any other scientific test for a Drunk in Public conviction in Virginia.  The Commonwealth only needs to prove consumption of alcohol, drugs, or both, and that the person was observably affected by the consumption.

Penalties for Virginia Drunk in Public Convictions

A Virginia Drunk in Public charge under Va. Code §18.2-388 is a misdemeanor punished with a fine up to $250.  Additionally, anyone convicted of a Virginia Drunk in Public charge cannot obtain a concealed carry permit for 3 years.  If the person already has a concealed carry permit, he must forfeit it after a Virginia Drunk in Public conviction.

Although it is not punished with any jail time, a conviction for a Virginia Drunk in Public charge under Va. Code §18.2-388 will remain on the offender’s permanent criminal record and can’t be expunged.

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