Can You Really Be Arrested for Being Drunk in Public?

August 18, 2025
suspect seen from behind with handcuffs getting arrested

Yes—under Virginia law, an officer may arrest you if your intoxication spills into any space “open to common use,” even a bus bench or apartment lobby. Va. Code § 18.2-388 labels public drunkenness a Class 4 misdemeanor, carrying a $250 fine and an entry on your criminal record. That may sound minor, but fingerprints, a booking photo, and a searchable court docket follow every arrest for being drunk in public. 

If you have a security clearance, drive for a rideshare platform, or hold a professional license, that blemish can threaten employment and housing. Before evidence disappears, call Rudolphi Law at 703-596-9566 for a comprehensive strategy session with a seasoned Virginia criminal defense attorney. One phone call today often prevents bigger headaches tomorrow. 

Five Situations That Commonly Trigger a Public-Intox Arrest in Virginia

Virginia officers rarely stop people for a quiet stumble down the sidewalk. Most arrests grow out of one or more aggravating factors:

  1. Safety Risks. Walking in traffic, sleeping on railroad tracks, or clutching an open flame invites detention for your own protection.
  2. Disorderly Conduct. Loud arguments, profanity around children, or obstructing a store’s entrance can cross into Va. Code § 18.2-415 disorderly-conduct territory, which police may tack onto the intoxication charge.
  3. Being Kicked out of an Establishment. If you are ousted from a bar or restaurant on account of creating a disturbance and are refusing to leave, police will be called and the easy button solution is to remove you from the area by charging you with Drunk in Public.
  4. Property Damage. Knocking over café furniture or denting a rideshare vehicle converts a fine-only offense into a restitution nightmare.
  5. Refusing Assistance. Under § 18.2-388, officers may try to insist you get a cab and head home instead of jail, but refusal to cooperate usually results in cuffs.
  6. Existing Warrants or Interdiction Status. If you are already interdicted as a “habitual drunkard,” the same conduct that earned a citation yesterday can mean up to 12 months in jail today under Va. Code § 4.1-322.

Because Drunk in Public cases often have a court date soon after the arrest, a quick call to a Fairfax criminal defense lawyer will give you the advantage you need.

How Police Decide Between Ticket, Detox, or Jail

When dispatch receives a complaint, officers perform a short roadside exam—checking speech, balance, eye contact, and demeanor. They do not need a breathalyzer; slurred words and odor alone can create probable cause. But arrest is discretionary. Field notes show four tipping points:

  1. Public Exposure: The closer you are to children, schools, or busy streets, the more likely you’ll leave in handcuffs.
  2. Level of Cooperation: Calm agreement to accept a ride to a detox center often avoids arrest.
  3. Companion Behavior: Rowdy friends can pull everyone into custody.
  4. Officer Resources: On busy nights, police issue summonses instead of full arrests to free up manpower; body-cam video later becomes key evidence.

A criminal lawyer in Fairfax, VA can review any bodycam footage; if an officer’s story and video diverge, charges can collapse.

What To Do the Moment You Are Detained

Your choices in the first ten minutes shape the rest of the case.

Step 1: Stay Polite and Ask if You Are Free to Leave. If the answer is “no,” you’re detained—arguing only adds a to the existing problem.

Step 2: Invoke the Right to Remain Silent. Say, “I wish to remain silent and speak with an attorney.” Courts routinely suppress statements obtained after a clear invocation of the right to counsel.

Step 3: Refuse Consensual Searches. Officers may request to check your pockets or backpack; politely decline unless they present a warrant.

Step 4: Accept Safe Transport. If given the opportunity to take a taxi, comply; it can keeps your name off the arrest log.

Step 5: Call Counsel Within Two Hours. A quick call allows your lawyer to get a jump on your case and provide you with guidance on how to prepare.

Get Proven Defense from a Fairfax Criminal Lawyer

Every arrest leaves a paper trail, but swift, strategic defense can erase it before lasting harm sets in. Rudolphi Law blends courtroom skill with rapid investigation to secure dismissals or deferred findings, and outcomes viable for expungement later on for clients across Northern Virginia. If you or a loved one faces a public-intox charge—or any alcohol-related allegation—contact us today at 703-596-9566 or through our online form and let a proven advocate protect your record.