Did you know you can be charged with being drunk in public if you are intoxicated and outside in the view of the public? This can be any location including your own deck in your backyard! A simple neighborhood party can turn into a criminal offense very quickly in Virginia. A Loudoun drunk in public charge is a Class 4 misdemeanor and legal representation should be obtained as quickly as possible. Let the attorneys at Beckman Schmalzle Georgelas & Ross PLC guide you through the process and provide an aggressive defense to any charge of being drunk in public. These are the types of cases where law enforcement officers use their judgment as to whether an individual is intoxicated and as a result each case is very fact specific. Call us today for a free consult and we will advise you of your rights and offer our thoughts on your defense.
The following Virginia code details the charge and consequences of the charge.
§ 18.2-388. Profane swearing and intoxication in public; penalty; transportation of public inebriates to detoxification center.
If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.
(Code 1950, § 18.1-237; 1960, c. 358; 1964, c. 434; 1975, cc. 14, 15; 1979, c. 654; 1982, c. 666; 1983, c. 187; 1990, c. 965.)