How a Drunk in Public Charge Can Affect Your Record in Virginia—and How to Fight It
June 23, 2025
A charge of being drunk in public in Virginia might not seem serious at first. After all, it carries only a small fine and no jail time. However, many individuals don’t realize that a conviction—no matter how minor it seems—creates a criminal record that may follow them for years. Virginia Code § 18.2-388 classifies public intoxication as a Class 4 misdemeanor, but the consequences stretch far beyond a simple citation. If not handled correctly, a conviction can create complications in employment, education, licensing, and more.
Permanent Entry on Criminal Background Checks
One of the most important things to understand about a public intoxication conviction is that it stays on your criminal record unless it is specifically dismissed and later expunged. Virginia does not allow convictions to be expunged unless the charge was dropped, dismissed, or you were found not guilty. This means that even though the offense is a misdemeanor with no jail sentence, it will appear on background checks for life. Employers, landlords, military recruiters, and even immigration officials can access this information.
Unlike traffic infractions, which may drop off your driving record after a few years, a criminal conviction becomes part of your permanent history. For this reason, many people who are charged with public intoxication seek a top rated criminal defense attorney in Virginia to try to avoid a conviction altogether.
Licensing Risks in Regulated Careers
If you work in a field that requires a license—such as teaching, nursing, law enforcement, or pharmacy—a conviction for public intoxication could delay your licensing process or raise red flags with regulatory boards. Agencies tasked with licensing often conduct background checks and assess whether the applicant has demonstrated moral character and sound judgment.
A drunk in public charge, especially when accompanied by other conduct such as loud behavior, altercations, or repeat offenses, may be interpreted as a lapse in professionalism. Even if you already hold a license, boards may investigate and, in some cases, impose discipline or mandatory evaluations.
College Disciplinary Action and Scholarship Loss
For high school and college students, a public intoxication charge can result in more than just embarrassment. Many Virginia colleges require students to report criminal convictions, and student conduct codes often impose penalties beyond what the legal system does.
A student may face university sanctions such as loss of housing, disciplinary probation, or removal from extracurricular activities. Athletic teams and scholarship programs may withdraw support based on university policies about alcohol-related offenses. Additionally, a criminal record can affect future graduate school applications and study abroad programs.
Greater Consequences If You’re Charged Again
Although a single Class 4 misdemeanor might seem like a small issue, it sets a legal precedent. Future offenses—especially those involving alcohol or disorderly conduct—may be punished more harshly because it suggests a pattern of activity. Judges and prosecutors often view subsequent offenses in light of the full criminal record, and a prior drunk in public conviction could tip the scales toward less leniency.
This is particularly relevant if you’re later charged with something more serious, like DUI, underage possession, or assault. In court, patterns matter. Even a relatively minor charge can work against you later when prosecutors decide how to proceed or when a judge determines a sentence.
How You Can Defend Against the Charge
To convict you of public intoxication in Virginia, the prosecution must prove that you were (1) intoxicated and (2) in a public place or in public view. The definition of a public place includes streets, sidewalks, shopping centers, and common areas of apartment buildings. However, private property, such as a friend’s house or an enclosed backyard, generally does not count.
The law also requires some evidence that you were noticeably intoxicated. If you were arrested without clear signs of impairment or were not in a public location, you may have grounds for dismissal. Eyewitness accounts, security camera footage, or body cam recordings can all be used to challenge the charge.
In some cases, first-time offenders may be offered alternative resolutions such as alcohol education programs, community service, or deferred dispositions. These options can result in dismissal and may preserve your eligibility for expungement.
Get Ahead of a VA Public Intoxication Conviction
A public intoxication charge is more than just a minor inconvenience. In Virginia, it can become a lasting stain on your criminal record, with real effects on your job prospects, education, and future legal standing. Rudolphi Law can help you explore defenses and fight for an outcome that keeps your record clean. Contact us today to protect your name and avoid unnecessary long-term consequences.