Public Intoxication Lawyer Lexington — Can Your Charge Be Dismissed?
Public intoxication in Lexington is a Class 4 misdemeanor under Va. Code § 18.2-388, punishable by a fine of up to $250. A conviction creates a permanent criminal record. Law Offices Of SRIS, P.C. has documented results defending public intoxication charges in Virginia. A skilled public intoxication lawyer Lexington can challenge the evidence and seek dismissal.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Virginia Public Intoxication Law
Virginia law defines public intoxication under Va. Code § 18.2-388. The statute makes it illegal to be intoxicated in public to the degree that you endanger yourself, others, or property, or are otherwise annoying to others. This is a Class 4 misdemeanor. The charge is heard at the Lexington General District Court located at 2 South Main Street. The firm was founded in 1997 by former prosecutor Mr. Sris, whose background in accounting provides an advantage in cases involving financial or technical evidence.
Official Legal Resources
For the full text of the statute, see Va. Code § 18.2-388 (official Virginia General Assembly). Court information, including hours and location, can be found at the Lexington General District Court website.
Lexington Court Process for Public Intoxication
In Lexington, public intoxication cases are prosecuted by the Commonwealth’s Attorney and heard at the Lexington General District Court. Prosecutors often offer first-time offenders the chance to complete community service or an alcohol education program in exchange for dismissal. An experienced drunk in public defense lawyer Lexington can negotiate this outcome before trial.
- Receive a summons or be released on a promise to appear for your court date.
- Appear for arraignment at Lexington General District Court to enter a plea.
- Your attorney will review the police report and body camera footage for procedural defenses.
- Negotiate with the Commonwealth’s Attorney for dismissal, often through a first-offender program.
- If no agreement is reached, prepare for and proceed to a bench trial before the judge.
- If convicted, consider an appeal to the Lexington Circuit Court for a new trial.
Penalties for Public Intoxication in Lexington
In Lexington, a public intoxication conviction carries a fine of up to $250 as a Class 4 misdemeanor, but the lasting consequence is a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Public Intoxication (Va. Code § 18.2-388) | Class 4 Misdemeanor | None | Up to $250 | None | Permanent criminal record; can affect employment, housing, and professional licenses. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Lexington Criminal Defense Team
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys combine over 120 years of legal experience. We have achieved 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Our approach is “Advocacy Without Borders,” providing dedicated, case-specific defense. Mr. Sris personally amended Virginia’s equitable distribution statute, demonstrating a deep commitment to impactful legal work.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results for Public Intoxication Charges
Our firm has a documented history of favorable outcomes in public intoxication cases. For example, we have secured nolle prosequi (dismissal) for clients charged under Va. Code § 18.2-388 in Virginia courts. In Lexington, we have 14 total documented case results across all practice areas with a 100% favorable outcome rate. Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions who personally amended Virginia’s equitable distribution statute.
Contact Our Lexington Area Office
Our Richmond location serves clients in Lexington and the surrounding communities. We are accessible via I-81 and I-64, near landmarks like Virginia Military Institute and Washington and Lee University. We are your local public intoxication lawyer near Lexington.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve the Lexington community.
FAQs: Public Intoxication Defense in Lexington
What is the penalty for a misdemeanor in Lexington, Virginia?
A Class 1 misdemeanor in Lexington carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Public intoxication is a Class 4 misdemeanor with a fine up to $250. Cases are heard at Lexington General District Court.
Can public intoxication charges be expunged in Lexington, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. If your public intoxication charge is dismissed, you may petition for expungement in Lexington Circuit Court. A conviction typically cannot be expunged.
Do I need a lawyer for a public intoxication charge in Lexington?
Yes. Even a minor charge creates a permanent record. A public intoxication charge dismissed lawyer Lexington can often negotiate for dismissal through a first-offender program, avoiding a conviction. The Commonwealth’s Attorney prosecutes these cases at Lexington General District Court.
How does bail work for a public intoxication arrest in Lexington?
For a simple public intoxication charge, you will likely be released on a summons or personal recognizance (no payment). If held, a magistrate sets bond. Secured bond (using a bail bondsman) is uncommon for this standalone charge.
What is the difference between GDC and Circuit Court in Lexington?
Lexington General District Court (GDC) handles misdemeanor trials, including public intoxication. Lexington Circuit Court handles felony jury trials and appeals from GDC. You have a right to a jury trial in Circuit Court if your charge carries jail time.
Internal Resources: For more information, see our Virginia Criminal Defense Lawyer hub. We also assist with related issues like DUI defense in Lexington and reckless driving in Lexington. For defense in nearby areas, consider our Henrico County criminal lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.