Fairfax Public Intoxication Lawyer

Let us fight your charges in court. As a Fairfax public intoxication lawyer, I can fight your case in Virginia court and defend your legal rights.

read below penalties and defenses of public intoxication:

What is Considered Intoxication in Public?

According to Virginia laws, drinking in public is a misdemeanor offense that may be punishable with a fine of up to $250.

Intoxication is defined under §18.2-388 of the Virginia Code. To be charged with public intoxication under the law, one must visibility appear to be intoxicated.

The law simply states that a person will be considered intoxicated when they have consumed enough alcoholic drinks to observably affect his or her manner, disposition, speech, general appearance, or behavior. 

4.1-100 further goes to define that a public place is any place, building, or area where the public has access or is permitted to have access. Public places include:

1. Hotels lobbies and corridors (anything that is accessible to the public except the rooms)
2. Parks
3. Highways
4. Streets 
5. Restaurants

Is Public Swearing related to Public Intoxication?

Back in 1792, there were laws passed that prohibited profane swearing in public and made it a misdemeanor offense.

Public swearing was a Class 4 misdemeanor offense punishable by a $250 fine, right along with public intoxication.

However, pretty recently, those laws were repealed and took effect from July 1, 2020.

This meant public swearing was no longer a punishable crime in Fairfax.

What are the Penalties of Public Intoxication?

Public Intoxication is a Class 4 misdemeanor in Fairfax. The penalty for a class 4 misdemeanor crime includes a fine of $250.

Although this amount may not seem significant at the time of its issuance, it may become an issue if you are repeatedly convicted of public intoxication.

Furthermore, no jail time is imposed for a public intoxication conviction.

Since there is no jail time imposed, there is no need to appear in court and face a judge for this offense is a pre-payable charge.

However, irrespective of whether you pre-pay the fine or go to court to plead guilty, such a conviction will remain on your criminal record.

This can be disastrous for your chances of getting future employment, maintaining current employment.

Moreover, it will also appear on your background checks, may impact your reputation, and so much more.

To get such charges dismissed, contact one of our experienced Fairfax Public Intoxication Lawyers here at American Lawyers Group

Defenses for Public Intoxication

A successful attorney can negotiate with the prosecutor and dismiss the charges by having the accused complete a certain number of community service hours, undergoing alcohol assessment courses, and being on good behavior for a specific period.

Another defense an attorney can raise is to show that the arrest was not made in a public place.

This can mean that the accused was ordered to come out of his home by a police officer and then arrested for public intoxication.

Being on prescribed medication is also a defense one can raise in court.

The attorney can argue that at the time of the arrest, the defendant was under the influence of medication, and so, their behavior was a result of being under very prescribed medication. 

If any of these appropriate defenses are asserted, the charge will be dismissed and there will be no criminal conviction on your record regarding a public intoxication charge.

Therefore, it is encouraged to contact a skilled Intoxication lawyer to assess your case and the possible defenses that may apply to your case.

Why Should You Hire a Fairfax Public Intoxication Lawyer?

If you are charged with public intoxication, it would be a better choice to consult with an attorney to contest such a charge rather than simply paying the fine & pleading guilty.

Moreover, consulting with an experienced Fairfax Public Intoxication Lawyer can help you build your case and prepare the best legal defenses available to you.

The attorneys here at the American Lawyers group have years of experience handling thousands of cases by providing strong and effective legal representation.

Contact us today to ensure your case is handled appropriately.