Many people are surprised to learn that they can be charged with public drunkenness even if they have not been driving a vehicle or causing a major disturbance while impaired. In Virginia, public intoxication is a criminal offense that can lead to arrest, court appearances and other legal consequences.
Generally speaking, a public drunkenness charge involves allegations that a person was intoxicated in a public place to a degree that was observable by others. Police officers often rely on factors such as slurred speech, unsteady balance, the smell of alcohol, bloodshot eyes or unusual behavior when determining whether someone appears intoxicated.
What leads to criminal charges?
Importantly, simply consuming alcohol is not enough to justify charges. Many adults lawfully consume alcoholic beverages without violating the law. Whether a person’s level of intoxication is apparent in a public setting tends to be the core question at issue. In addition, the individual would be unlikely to be charged unless they are causing a disturbance or seem to be a danger to themselves. Public places can include streets, sidewalks, parks, restaurants, bars and other locations accessible to the public.
Public drunkenness charges are not limited to alcohol. In some situations, law enforcement may allege that impairment resulted from drugs, prescription medications or a combination of substances. On the flip side, medical conditions, fatigue and certain medications can sometimes inspire symptoms that resemble intoxication, even when someone is wholly sober.
Defenses may be available depending on the facts at issue. For example, there may be questions regarding whether an individual was actually intoxicated, whether the location qualified as a public place or whether an officer’s observations were accurate.
While public drunkenness charges may not receive the same attention as more serious offenses, they should not be taken lightly. If you’re facing these charges, know that seeking prompt legal guidance can make a meaningful difference in protecting your record and your future.
