Drinking In Public
W. Va. Code § 60-6-9 — no appearing intoxicated, drinking or offering a drink in a public place
- Appear in a public place in an intoxicated condition.
- Drink alcoholic liquor in a public place.
- Tender a drink of alcoholic liquor to another person in a public place.
Those are things no person may do. A public place is any place, building or conveyance the public may access, including any highway, street, lane or park, but not premises licensed to serve alcohol for drinking there.
A first offense. Public intoxication the first time is a fine of not less than $5 nor more than $100, and a judge may dismiss the charge after an alcohol education program of not more than six hours.
Drinking in a public place is a fine of not less than $5 nor more than $100, and on a second conviction jail of not more than 60 days may be added.
Three convictions for public intoxication within six months are evidence of alcoholism. A particular charge is a question for a licensed West Virginia attorney.
Sources for this section (2)
- W. Va. Code § 60-6-9 — Intoxication or drinking in public places
- W. Va. Code § 60-1-5 — Definitions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.