Virginia Public Intoxication Penalties (2026)

Public intoxication and drunk in public charges charges in Virginia: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing public intoxication charges in Virginia, consult a licensed Virginia criminal defense attorney.

Virginia Public Intoxication Penalties

OffensePenalty
First OffenseClass 4 misdemeanor: $250 fine only
Second OffenseClass 4 misdemeanor: same

VA Code §4.1-322

Public Intoxication Statute of Limitations in Virginia

In Virginia, the general statute of limitations for a felony is None and for a misdemeanor is 1 year.

See all Virginia statutes of limitations →

Defending Against Public Intoxication Charges in Virginia

Common defenses in Virginia public intoxication cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Virginia criminal defense attorney for advice.

Related Virginia Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering