Under Virginia law, Va. Code § 18.2-388, it is unlawful for a person to be intoxicated in a public place. This statute is broadly interpreted, allowing an officer to charge an individual based on their belief that the person is intoxicated in a public setting or in public view (including front yards). Intoxication is defined as acting in an impaired manner, including noticeable effects on disposition, speech, or appearance. Public places include streets, parks, restaurants, and even private property if visible to the public.
Public intoxication is classified as a Class 4 misdemeanor in Virginia. While it does not carry the possibility of jail time, it is punishable by a fine of up to $250. However, a conviction can have significant consequences, including:
An intoxicated in public charge has a low threshold for the officer to prove. Contacting an attorney early allows for the development of a stronger litigation or mitigation strategy. Call us today for a free consultation.
