If you or a loved one are facing a "drunk in public" charge in Virginia Beach, you may be wondering what this entails and how it could affect you. It’s important to understand the details of this charge, its legal implications, and your rights. At The Law Offices of Daniel J. Miller, our Virginia Beach drunk in public charge attorney has years of experience navigating criminal defense charges. Whether you’re a resident of Virginia Beach or just visiting, we can help you understand how the law operates and make informed choices to protect your reputation.
To schedule a consultation, reach out to the Virginia Beach drunk in public charge attorney at The Law Offices of Daniel J. Miller by calling (757) 267-4949 or messaging us online.
What Does "Drunk in Public" Mean in Virginia Beach?
Public intoxication, commonly known as "drunk in public," is a misdemeanor offense in Virginia. It’s governed by Virginia Code § 18.2-388, which makes it illegal for a person to be intoxicated in public or in a location where the public has access.
A person may be considered intoxicated if:
- They display signs of intoxication (e.g., impaired physical coordination, slurred speech, or erratic behavior).
- They have a blood alcohol concentration (BAC) of 0.08% or higher. Keep in mind, however, that a BAC test is not always part of public intoxication cases. Officers usually rely on visual observations and field sobriety assessments.
The term "intoxicated" in this context can also include being under the influence of drugs, not just alcohol if such substances impair your mental or physical ability.
What’s Considered a "Public Place"?
A "public place" in Virginia is defined broadly and includes areas like:
- Streets and sidewalks
- Parks and beaches
- Restaurants, bars, and hotels
- Parking lots or other areas open to public access
Even private property can be considered “public” if it’s open to the public’s general access. For example, a hotel lobby or restaurant entrance may qualify as a public space.
Common Scenarios That Lead to a Drunk in Public Charge
Drunk in public charges can stem from various everyday activities, including:
- Overindulging in nightlife areas. Virginia Beach’s bustling bar and club scene often results in arrests for individuals who become visibly intoxicated while enjoying the nightlife.
- Disturbing the peace. Loud or disruptive behavior while intoxicated in a public area may attract the attention of authorities.
- Passed out in public. Falling asleep on a park bench, sidewalk, or other open space due to excessive alcohol consumption can also lead to a drunk in public charge.
Law enforcement officials may issue these charges to maintain public safety and order, particularly in areas with heavy tourist activity or during major events.
Penalties for a Drunk in Public Conviction
Public intoxication in Virginia Beach is classified as a Class 4 misdemeanor. While this is considered the least severe type of misdemeanor in Virginia, the penalties can still affect your life.
Possible penalties include:
- A fine of up to $250
- A permanent criminal record. Unlike some traffic violations, a public intoxication charge will appear on your criminal record and may be visible to potential employers, universities, or licensing boards.
While jail time is generally not a penalty for a Class 4 misdemeanor, the repercussions can extend beyond fines.
For example:
- Damage to reputation. A public intoxication charge could harm your standing in the community or at work.
- Impact on security clearances. If your job requires a security clearance, a record of public intoxication could raise red flags.
How to Fight Drunk in Public Charges
If you’re facing a Virginia Beach drunk in public charge, you don’t have to accept the charge without challenging it first. Understanding your legal options is the first step toward creating a strong defense.
Common defenses include:
Challenging the Officer’s Observations: Most public intoxication charges are based on the arresting officer’s interpretation of your behavior.
- Arguing that your behavior was misinterpreted or unrelated to intoxication
- Highlighting the lack of concrete evidence, such as a BAC test
Proving You Were Not in a Public Place: If your arrest occurred on private property, such as an enclosed yard or inside a private home, the charge might not apply.
Medical Conditions or Other Explanations: Certain medical conditions, such as diabetes or neurological disorders, can imitate signs of intoxication. If applicable, presenting medical evidence in your defense may help dismiss the charge.
Diversion and Dismissal Options: First-time offenders may be eligible for diversion programs, such as substance abuse counseling, in exchange for the dismissal of the charge upon successful completion.
Steps to Take If You’re Charged with Drunk in Public
Facing a drunk in public charge can feel overwhelming, but there are steps you can take to help your case:
- Stay calm and polite. If approached by an officer, stay respectful and avoid escalating the situation.
- Document the details. Write down everything you remember from the incident, including where and when it happened, what you did, and who was present.
- Contact an attorney. Defending against a misdemeanor charge can be complicated. An experienced DUI or criminal defense attorney can help protect your rights and improve your outcome.
Protect Your Future with The Law Offices of Daniel J. Miller
A "drunk in public" charge may appear minor, but its consequences can linger for years if not addressed. At The Law Offices of Daniel J. Miller, we are dedicated to helping our clients create a sound legal defense. Whether you’re visiting Virginia Beach or a visitor, it’s essential to understand your rights and seek legal advice when needed. Knowledge and proactive measures can significantly help you protect your reputation and future. For sound legal guidance, contact our Virginia Beach drunk in public charge attorney today at (757) 267-4949 or by messaging us online to schedule a consultation.
