Virginia Public Intoxication Lawyer (18.2-388)

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

read below penalties and defenses of public intoxication

What is Public Intoxication?

Virginia criminalizes public intoxication in §18.2-388.  The intoxication must be a result of alcohol, a narcotic, or some other kind of intoxicant. 

Additionally, the word “public” is defined in §4.1-100 in very precise terms.  Typically, Public Intoxication will be met with time in jail to sober up and fine.

However, this will appear on your criminal record.  If you are facing public intoxication charges, contact the skilled Virginia public intoxication lawyer at American Lawyers Group.

Public intoxication is broadly defined in §18.2-388.  The law simply states that those who are intoxicated publicly are guilty of a class 4 misdemeanor.  §4.1-100 provides clarifying definitions of what public intoxication really means.

Under §4.1-100, Intoxication is when a person has had enough alcohol or drugs of some sort to noticeable affect their movements, speech, general behavior, and appearance. 

This is somewhat broad, so if you have questions about conduct that could be used to show you were intoxicated, contact one of the skilled Virginia Public Intoxication Lawyers at American Lawyers Group.

4.1-100 defines public places as being any locations the general public is allowed to access. 

These places include hotels, dining areas, restaurants, parks, lobbies and corridors of hotels, and more. 

Because this is a non-exhaustive list, more places could be considered public places for §18.2-388. 

If you have questions about what places can be public, call Virginia Public Intoxication Lawyer at American Lawyers Group.

Penalties for Public Intoxication

Public intoxication, as a class 4 misdemeanor, is punishable with a $250 fine. 

This may seem insignificant, but the fines can increase if you have previously been convicted for similar crimes. 

For example, prior DWI convictions or public intoxication convictions can lead to increased fines for subsequent convictions.

In addition, just paying a fee will be considered pleading guilty. 

This leads to a mark on your criminal record which will negatively affect job prospects and other interests that require a criminal background check.

Most immediately, if you are arrested for public intoxication, the police can detain you until you are sober. 

Additionally, police can bring you to a detoxification center, but you cannot be detained there without your consent.

Defenses Against Public Intoxication

There are several defenses against charges of public intoxication. 

These all go towards the prosecution not showing beyond a reasonable doubt that all the elements of Virginia’s public intoxication law were met.

Firstly, your skilled public intoxication attorney can argue that you were not intoxicated when arrested. 

This can be difficult to prove, but testimony from witnesses and more concrete evidence such as a BAC test can be used to bolster this defense.

Next, your attorney can potentially argue that you were not in a public place.  The law specifically declines to include hotel rooms and private residences as public places. 

Additionally, if you are in a public place involuntarily, you can combat a public intoxication charge. 

For example, if the police make you leave your home or hotel room, they cannot then charge you with public intoxication. 

If you have a question about whether or not you were in a public place when arrested, ask the attorneys at American Lawyers Group.

Lastly, if you were under the influence of a perfectly legal drug under the direction of a licensed professional who properly gave you the drug, you may have a solid defense against a public intoxication charge. 

This defense is best exemplified in the intoxication caused by laughing gas administered by a dentist. 

If you are curious about what would help establish this defense to a charge of public intoxication, contact the Virginia Public Intoxication Lawyer at American Lawyers Group today.

Is Public Swearing Related to Public Intoxication?

Public swearing was a crime in Virginia from 1792 until February 2020. 

Early in 2020, Virginia’s legislature and governor passed a bill to end the criminality of public swearing. 

Prior to the removal of public swearing from Virginia’s criminal code, people could be fined $250 for swearing in public.  So, while public swearing was related to public intoxication, it has since been repealed.

Why You Need a Virginia Public Intoxication Lawyer?

Virginia’s punishment of first-time offenses for public intoxication is not particularly costly at $250. 

However, repeat offenses and related prior convictions can lead to increased fines and potential jail time. 

Additionally, the charge will appear on your criminal record and will affect future convictions, future employment, and other proceedings that consider previous convictions. 

If you are facing public intoxication charges in Virginia, call American Lawyers Group for a skilled and dedicated Virginia public intoxication lawyer.