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  1. #1

    Default Drunk in "Public" on a College Campus in Virginia

    I apologize for the long post, I wanted to make sure I had all the details.

    On my 21st birthday I went to a bar with some friends and apparently had too much to drink. I blacked out for the rest of the night and woke up in a cell. This was pieced together from what I heard from friends.

    I got back to my college dorm and was sick in our hall bathroom. Although my roommate was taking care of me and I was obviously alright, a girl in my dorm was concerned and even though my roommate told her not to, she called the police thinking I needed medical help. (This girl does not drink, has few friends who drink and has never really been in contact with someone drunk, for the record. She had no idea that I was fine, just sick.)

    The police showed up with medics and insisted that I be taken to the hospital. I didn't want to go and refused, being rather scared of hospitals and knowing it would be a pain for everyone. Apparently, the police insisted I go to the hospital, but thinking that they would just leave me alone if I said no and that I could take a shower and go to bed, I refused. They then ordered my roommate out of the bathroom and while she was gone arrested me and took me to jail without letting my roommate get my identification, phone, or even shoes to take with me.

    I don't know what happened between being in the bar and becoming aware in a cell in the jail. I freaked out, not knowing what had happened and tried to get details. I asked the officers what happened and if I could try to contact someone, but they refused to tell me anything, instead one officer telling me to "shut the hell up bitch". I proceed to be alone, having no idea what happened, how I got there, if anyone knew I was there, or what to do for the next 3-4 hours until the officers changed and let me out of the cell. I was badly shaken and even then it took me hours to approach someone to ask if I could even call anyone. As I didn't know any numbers from memory of people who could pick me up, I was refused even though my friends had left several messages for me at the jail and had even stopped by, asking what they could do to help and wanting to get me my id and phone etc. I finally got them to call my campus police (since that is who picked me up), but there was no report on me so I didn't even find out why I had been arrested outside of "drunk in public" until I was released over 10 hours after I had been picked up in my college dorm and not in the bar or on the street as I had assumed.

    I just want to know what my options are. I feel like I should be able to do something as I was arrested in my dorm, in a bathroom, actively being sick and my college has a policy of medical amnesty. The person called because they felt I needed medical care and would have never called otherwise. The officers even told my roommate nothing would happen to me and I wouldn't get in trouble. I couldn't have been anywhere better in that situation without throwing up on my dormroom floor. I would rather not go to court as I would really, really, really like to avoid telling my parents, but I absolutely do not want this on my record. What should I do. I'm absolutely terrified and don't know what to do. Any help at all would be very appreciated.

  2. #2

    Default Re: Drunk in "Public" on a College Campus in Virginia

    What if anything were you charged with. Sounds like they took you on a civil hold due to your level of intoxication.

  3. #3
    Join Date
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    Default Re: Drunk in "Public" on a College Campus in Virginia

    Are we talking about this statute:
    Quote Quoting Virginia Code § 18.2-388. Profane swearing and intoxication in public; penalty; transportation of public inebriates to detoxification center.
    If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.
    What was your BAC at the jail? From your description of your blackout, I'm a bit surprised you didn't end up at a hospital.

  4. #4

    Default Re: Drunk in "Public" on a College Campus in Virginia

    If they ever told me my BAC I don't remember. Apparently I was at the jail for a full hour before I came out of blackout. A long while after being detained I was still blowing a .11, but it took me over 5 hours to go from a .06 to a .03 so there is that as well.

    From what that excerpt says though, although I probably -should- have gone to the hospital instead of jail, I couldn't be detained at a detox center without my consent, which I refused to give (being drunk and not wanting to leave my dorm at all).

    Basically what I wanted to know though, is there any way to take care of this without going to court? Based on my college policies (which state that you can't be arrested if someone calls the police worried that you need medical care when drunk, even when underage) as well as the fact that I was in a bathroom in a dorm (not exactly public other than it being a public campus), not causing any harm, I feel like I should have this dropped, particularly when you consider the treatment I received as well as me being overage (I mean who -doesn't- get drunk on their 21st?). I just am worried that the only way I could get clemency is to go to court and argue it, would I need a lawyer then?? I want to potentially work for the government and I can't have something as stupid as this effect me for the rest of my life.

    Thanks in advance for any help!

  5. #5
    Join Date
    Jun 2009
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    Default Re: Drunk in "Public" on a College Campus in Virginia

    Were you actually charged? What does your citation state?

    Knowitall quoted a possibly applicable statute, but you haven't reponded to his question about whether or not this was the statute you are charged with violating.

  6. #6

    Default Re: Drunk in "Public" on a College Campus in Virginia

    Here is the entire section under which I was charged:

    § 18.2-388. Profane swearing and/or intoxication in public; penalty; transportation of public inebriates to detoxification center.

    If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.

    I was too drunk to realize that they could and would arrest me ("for my own good" it seems) if I refused medical treatment. I thought they would leave me alone. So I refused, meaning that they took me to jail because they believed me to need medical treatment, which I didn't get while there. We don't have a "drunk tank" or anything here to hold people, so they just take you to the jail.

    Basically because I was drunk, frightened and didn't know the law, I'm being charged with a misdemeanor as opposed to having actually gotten medical treatment. I guess court is unavoidable if I don't want this on my permanent record, but what are the chances I could get it expunged?

    Also, just purely for information's sake. I've been reading other situations of drunk in public on the forums and a lot of them were never actually arrested. Is there any reason that I wasn't simply held until sober and not actually charged? Does Virginia allow this?

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