I recently got charged with intoxication in public in Virginia. I have a court date coming up. What is my punishment going to be

Asked almost 3 years ago - Harrisonburg, VA

18.2-388 is the code for the crime. The court date is in a week. While I prison for the night I was handed summons for class 1 misdemeanor and a class 4 misdemeanor. When I was released I was handed a recognizance and under the charges was only intoxication in public, which is a class 4 misdemeanor. Do you think I still may be charge with the class 1 misdemeanor at court, which was possession of alcohol under the age of 21?

Attorney answers (1)

  1. Andrew Joseph Cornick

    Contributor Level 9

    Answered . It sounds like you are charged with both the 18.2-388 charge, commonly called "drunk in public," and with underage possession of alcohol.

    The maximum punishment for being drunk in public in Virginia is a $250.00 fine. The underage possession charge is a Class 1 Misdemeanor and carries the potential for a jail sentence and a six-month loss of driving privileges, among other punishments.

    You should speak to a lawyer who is familiar with the court where you will be going. There is a first-offender probationary program available for underage possession that may be available to you. In addition, you may have valid defenses to both charges.

    In the meantime, go to www.courts.state.va.us and look in the Case Information section for the court where you are to go. If you type in your name you can find out if both charges were brought or just the one.

    Good luck.

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