Why Was I Arrested for Public Intoxication in Virginia?
February 12, 2015 by Jean Humbrecht
Although it does not carry jail time, a person charged with Public Intoxication in Virginia (Va. Code §18.2-388) will be taken into custody when he is charged. If you are wondering, why was I arrested for Public Intoxication in Virginia, read the post below.
Public Intoxication in Virginia
A Public Intoxication charge in Virginia criminalizes being intoxicated in public. A person is intoxicated when he consumes enough intoxicants to observably affect his manner, speech, disposition, muscular movement, general appearance or behavior. The word public includes places in open view and visible to the public.
Why Was I Arrested for Public Intoxication in Virginia?
Penalty for Public Intoxication in Virginia
A Virginia Public Intoxication charge is a misdemeanor punished with a fine up to $250 and the offender will not be able to obtain a concealed carry permit for three years. A conviction will remain on the offender’s permanent criminal record and can never be expunged.
Why Was I Arrested for Public Intoxication in Virginia?
In Virginia, if police officers believe that someone committed a misdemeanor in their presence, they can arrest that person without a warrant. If jail is not a punishment for the offense, the officer must issue a summons and release the person. However, when a person is charged with being Intoxicated in Public in Virginia, the officer will not release the person from custody. The officer will take the accused to a magistrate (who will determine if there is probable cause that the accused committed the offense) and the accused will be held in jail until he sobers up.
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