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Virginia statute

Va. Code Ann. § 18.2-388 — Intoxication in public; penalty; transportation of public inebriates to detoxification center

Current through 2026 Regular Session

Part of Article 5: Obscenity and Related Offenses, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-388

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-388Primary source, current through the 2026 Regular Session
If any person is intoxicated in public, whether such intoxication results from alcohol, narcotic drug, or other intoxicant or drug of whatever nature, he is 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.

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Legal terms used in this section

Questions this section answers

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.

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).

This reference is informational and is not legal advice.