Virginia Public Intoxication Lawyer: Defending Your Rights In Drunk In Public Cases
Although it may seem more like the punch line of a joke, public drunkenness is no laughing matter.
If you have been charged with public intoxication, you need a criminal defense attorney who knows how to handle these charges and can help you with any possible defenses to protect your rights and your future.
This is especially important for your future because a related second offense can have far worse consequences. If this is a second or related offense, the legal ramifications are already at play. Therefore, it is best to minimize the legal damage by getting the defense you need from Big Valley Law.
What Is Public Intoxication?
Public intoxication, or drunk in public, is the act of being visibly intoxicated or under the influence of drugs in a public place to the point where an individual poses a danger to themselves or others.
In Virginia, being charged with public intoxication can have lasting consequences, making it essential to understand the law and secure legal representation. Having a skilled attorney can impact the outcome of your case, protecting your rights and mitigating penalties.
Understanding Public Intoxication Laws In Virginia
Public intoxication laws in Virginia are governed by the Code of Virginia § 18.2-388. This statute makes it illegal for any person to be intoxicated in public. These laws are enforced when a person:
- Exhibits erratic behavior, disorderliness or a lack of control due to alcohol or drugs
- Poses a risk to public safety, like being unable to walk safely or interact appropriately with others
- Disturbs the peace or causes inconvenience in public spaces
Violating this statute can lead to penalties such as fines and potential jail time. If you or someone you know has a public intoxication charge, contact Big Valley Law for help.
Common Scenarios Leading To Public Drunkenness Charges
Public intoxication charges arise from common situations, some of which may seem harmless. Here are a few locations where public drunkenness charges often arise:
- Bar and nightclub incidents
- Sporting events and concerts
- Public parks and streets
- College campuses
Being aware of these scenarios can help you make better decisions. The first step to avoid legal trouble is recognizing the environments where charges are common.
Defenses Against Public Intoxication Charges
Several defenses can be employed when facing public intoxication charges. The right defense strategy depends on the specifics of the case. Some of the potential defenses include:
- Lack of probable cause
- Improper field sobriety tests
- Medical conditions mimicking intoxication
- First amendment protections
A strong defense can result in reduced penalties or even dismissal of charges. We can help evaluate the best approach based on the circumstances of your case.
The Legal Process For Public Drunkenness Cases In Virginia
Understanding the legal process helps manage expectations and prepare for each stage of the case. Usually, the legal process involves:
- Arrest and booking procedures
- Court appearances and hearings
- Plea options
- Trial process
Each step is vital. Our experienced lawyers can guide you through the complexities of the legal system to achieve the best possible outcome.
Potential Consequences Of A Public Intoxication Conviction
The consequences of a public intoxication conviction extend beyond immediate fines or jail time. Potential repercussions include:
- Fines and court costs
- Jail time
- Criminal record impact
These consequences can affect your career or employment, housing options and even your personal relationships.
How A Virginia Public Drunkenness Lawyer Can Help
A knowledgeable public intoxication lawyer provides invaluable assistance throughout the legal process. The services offered include:
- Case evaluation and strategy development
- Negotiation with prosecutors
- Evidence gathering and analysis
- Representation in court
Legal representation helps ensure your rights are defended and that every possible avenue for a favorable outcome is explored.
Alternative Resolutions And Diversion Programs
In some cases, alternative resolutions may be available. These programs can lead to a more favorable resolution without the long-term consequences of a conviction. Some of the alternative options include:
- First offender programs
- Community service options
- Substance abuse treatment
- Expungement possibilities
Pursuing these options can help you move forward without a lasting mark on your record.
Frequently Asked Questions About Public Drunkenness In Virginia
Public intoxication laws raise many questions. Here are some common inquiries and their answers:
What is the legal blood alcohol content (BAC) for public intoxication?
Virginia does not specify a BAC for public intoxication. However, visible signs of impairment are sufficient. This means that even if you are below the driving limit, you can still be charged if your behavior suggests intoxication.
Can I be charged if I’m drunk on private property?
No, the statute applies to public places only. However, if you step onto public property even momentarily, you could face charges.
How long does a public intoxication charge stay on my record?
A conviction can remain on your record indefinitely, but expungement may be possible. Expungement can clear your record, which can be beneficial for employment and housing opportunities.
Can I refuse a breathalyzer test for public drunkenness?
Yes, but refusal may not prevent arrest if intoxication is apparent. Officers rely on visible signs and behavior rather than chemical tests to establish intoxication.
Why Choose Our Virginia Public Intoxication Defense Team
Big Valley Law offers dedicated legal representation for public intoxication cases in Virginia. Our team stands out for several reasons:
- Extensive experience and successful track record
- Knowledge of local courts and prosecutors
- Personalized defense strategies
- Free initial consultation
Choosing the right legal team can positively impact the outcome of your case.
Reach Out To Us Today
Public intoxication charges can have serious implications, but you can defend your rights with legal representation. If facing a public intoxication charge in Virginia, Big Valley Law is ready to provide the guidance and defense you need to secure the best possible outcome.
Get started building your legal strategy with an experienced attorney at our firm. Call 540-904-0243 or complete our contact form to begin the conversation.