Virginia criminal charge
Intoxication in public in Virginia
Intoxication in public is a Class 4 Misdemeanor under Virginia criminal law, defined by Va. Code Ann. § 18.2-388. As a Class 4 Misdemeanor, it is punishable within the statutory sentencing range Virginia sets for that offense class. Virginia classifies offenses as Class 1 through Class 6 felonies and Class 1 through Class 4 misdemeanors (Va. Code Ann. § 18.2-9), with the standard punishment ranges set by §§ 18.2-10 and 18.2-11 — and a substantial number of offenses are unclassified, with the penalty stated in the defining section itself. Traffic infractions are not criminal offenses (§ 18.2-8).
Defined by Va. Code Ann. § 18.2-388.
What is the penalty for intoxication in public in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $250 (fine only — no jail (§ 18.2-11(d))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
Common questions about intoxication in public in Virginia
Is intoxication in public a felony or a misdemeanor in Virginia?
Intoxication in public is a class 4 misdemeanor in Virginia under Va. Code Ann. § 18.2-388.
What are the penalties for intoxication in public in Virginia?
As a class 4 misdemeanor, intoxication in public carries a fine of up to $250 (no mandatory minimum) under Va. Code Ann. § 18.2-11.
Which Virginia statute covers intoxication in public?
Intoxication in public is governed by Va. Code Ann. § 18.2-388 (Intoxication in public; penalty; transportation of public inebriates to detoxification center).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.