§ 18.2-388 — Public Intoxication
Court outcome data from 20,833 cases across 123 jurisdictions · 2025
According to VirginiaCourtFile's analysis, of 20,833 cases filed in 2025 under § 18.2-388, 16,373 reached an outcome — 35.0% were dismissed or dropped and 63.0% resulted in conviction, across 123 Virginia jurisdictions.
This page provides statistics from public court records for informational purposes only. This is not legal advice. For guidance on your specific situation, consult a licensed Virginia attorney.
Penalties Under § 18.2-388
Section 18.2-388 addresses being intoxicated in public in Virginia. Public intoxication is a Class 4 misdemeanor, the lowest level criminal offense, carrying a fine of up to $250 with no jail time.
According to VirginiaCourtFile's analysis, of 20,833 § 18.2-388 cases filed in 2025 across 123 Virginia jurisdictions, 16,373 reached an outcome — an average dismissal rate of 35.0% and an average conviction rate of 63.0%.
Court Outcomes Across Virginia
Across 123 Virginia jurisdictions (2025):
Top Jurisdictions
Courts with the most cases related to this statute.
| Jurisdiction | Cases | Dismissal Rate | Conviction Rate | Median Duration |
|---|---|---|---|---|
| Fairfax County | 2,195 | 42.4% | 57.6% | 2.5 months |
| Prince William County | 1,471 | 34.2% | 65.8% | 2.1 months |
| Virginia Beach | 1,171 | 22.7% | 77.3% | 1.9 months |
| Arlington County | 966 | 46.8% | 53.2% | 1.5 months |
| Loudoun County | 679 | 45.9% | 54.1% | 1.9 months |
| Rockingham County | 629 | 48.8% | 51.2% | 1.8 months |
| Roanoke City | 564 | 40.4% | 59.6% | 1.3 months |
| Montgomery County | 556 | 46.1% | 53.9% | 2.2 months |
| Newport News | 520 | 45.5% | 54.5% | 1.4 months |
| Chesterfield County | 484 | 40.8% | 59.2% | 2.1 months |
| Spotsylvania County | 482 | 40.6% | 59.4% | 1.8 months |
| Lynchburg | 478 | 19.6% | 80.4% | 1.5 months |
| Henrico County | 450 | 34.4% | 65.6% | 2.4 months |
| Stafford County | 439 | 43.6% | 56.4% | 1.6 months |
| Norfolk | 401 | 38.2% | 61.8% | 1.7 months |
Source: Virginia public court records, 2025 — VirginiaCourtFile.com
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