Public Intoxication and Disorderly Conduct: Are You Facing Double Charges?

November 3, 2025
Businessman getting drunk on the train

A night out in Northern Virginia can take a sharp turn when an evening of fun ends in police involvement. The shock comes not just from being arrested, but from discovering they face multiple charges—public intoxication and disorderly conduct—stemming from the same incident. The consequences are real: criminal charges can impact your freedom, your reputation, and your future opportunities. 

If you’re wondering whether you can be prosecuted for both offenses at once, and how to defend yourself, read on for clear answers and to get legal help from a top-rated Virginia criminal defense attorney at Rudolphi Law.

Can You Be Prosecuted for Both Public Intoxication and Disorderly Conduct?

Yes, you can be charged and even convicted of both public intoxication and disorderly conduct in Virginia for a single incident. Although both can arise from similar conduct—alcohol or drug use in a public place—they are distinct crimes, each requiring proof of different elements under Virginia law.

  • Public Intoxication is governed by Va. Code § 18.2-388. This statute makes it unlawful for any person to appear in public “intoxicated whether from alcohol, narcotic drug or other intoxicant or drug of whatever nature.” This is a Class 4 misdemeanor, punishable by a fine up to $250. There is no jail time, but the offense becomes part of your criminal record, and is searchable by employers, schools, and government agencies .
  • Disorderly Conduct is outlined in Va. Code § 18.2-415. This law prohibits behavior in a public place that “has a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed.” Examples include fighting, threatening others, making unreasonable noise, or disrupting public events such as concerts, schools, or government meetings. Disorderly conduct is a Class 1 misdemeanor—the most serious misdemeanor category in Virginia—carrying up to 12 months in jail and a fine up to $2,500 .

Because the two offenses focus on different conduct—intoxication versus disturbing the peace—they do not merge, and prosecutors may pursue both. This means you could face double penalties, including fines, jail time, and a permanent criminal record.

What Behaviors Lead to Double Charges?

The police often charge both offenses when they believe someone’s conduct crosses a line. For example, a person who is visibly intoxicated in public and is also shouting, causing a disturbance, or provoking others could be cited for both offenses. Common scenarios include:

  • Arguments or fights outside bars or restaurants
  • Disruptive behavior at concerts, festivals, or sporting events
  • Intoxication near schools, government buildings, or on public transportation
  • Loud, abusive language or actions that alarm bystanders

It is not uncommon for police to add both charges to increase leverage in plea negotiations or to ensure that at least one charge sticks in court. As a result, even a single incident can trigger multiple criminal accusations.

Is It Double Jeopardy? 

The U.S. and Virginia constitutions protect individuals from being prosecuted twice for the same offense (double jeopardy). However, because public intoxication and disorderly conduct require proof of different elements, courts consistently hold that you can be convicted of both. The Supreme Court of Virginia has affirmed this distinction in cases such as Lunn v. Commonwealth, which held that overlapping conduct may result in separate convictions when each offense protects a different legal interest.

However, the Virginia Disorderly Conduct statute includes a “other crimes” provision that may operate as a source for defense. In other words, the prosecution would need to overcome this provision in order to make their case for disorderly conduct.

Best Defense for Disorderly Conduct and Public Intoxication Charges in Virginia

If you’re facing public intoxication, disorderly conduct, or double charges in Fairfax, Arlington, or anywhere in Northern Virginia, trust your defense to Rudolphi Law—a law firm with deep courtroom experience and a results-focused approach. Secure your future with a strategic, client-centered defense. Call 703-596-9566 or contact us today for a confidential consultation with a respected Virginia criminal defense attorney at Rudolphi Law.