Under Virginia law, § 18.2-388, it is unlawful to be intoxicated in a public place. The statute is broadly interpreted, allowing an officer to charge someone based on the officer's belief that the person is intoxicated in public or in public view (including front yards). Intoxication is defined as acting in an impaired manner — noticeable effects on disposition, speech, or appearance. Public places include streets, parks, restaurants, and even private property visible to the public.
Public intoxication is a Class 4 misdemeanor. It carries no possibility of jail time, but is punishable by a fine of up to $250. A conviction can still have real consequences:
Because the threshold for an officer to charge is low, contacting an attorney early allows for a stronger litigation or mitigation strategy. Call us today for a free consultation.
Attorney C. Ted Asbury brings a perspective few defense lawyers can: he served in law enforcement before defending the accused. He knows how these cases are built — how officers are trained, what procedures they must follow, and where those procedures break down. Every case is meticulously reviewed for the procedural and evidentiary errors that can reduce or dismiss a charge.
The sooner we start, the more of your defense we can protect. Free, confidential consultation.
