What is Public Intoxication in Virginia?
July 3, 2016 by Jean Humbrecht
What is Public Intoxication in Virginia? Virginia Public Intoxication charges criminalize being intoxicated (or drunk) in public. Many local cities, towns and counties have their own versions of the Virginia Public Intoxication charge (Va. Code §18.2-388). If you have been wondering, what is public intoxication in Virginia, read the post below.
What is Public Intoxication in Virginia?
In Virginia, a person is intoxicated when he has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior. Intoxication can be caused by alcohol or drugs-even a prescription.
The term public includes places visible to the public. As a result, a person can be convicted of a Public Intoxication charge in Virginia under Va. Code §18.2-388 (or the local code sections) if he is intoxicated on his own property.
Public Intoxication in Virginia is a Crime
Penalty for Public Intoxication in Virginia
Public Intoxication in Virginia is a misdemeanor. It is punished with a fine and no jail time, but the offender can be taken to the local jail when he is charged and held until he has sobered up.
The fines for Virginia Public Intoxication charges can be pre-paid without having to go to court. However, 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.
Additionally, if convicted, the offender will be barred from obtaining a concealed carry permit for three years and if he has one, he must surrender it when he is convicted.
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