# Don't get a buzz on in Fairfax County! **URL:** \ **Category:** The BBQ Pit\ **Created:** [January 8, 2003, 4:13pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317 "2003-01-08T16:13:15Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![gobear](https://avatars.discourse-cdn.com/v4/letter/g/8dc957/32.png) [@gobear](https://boards.straightdope.com/u/gobear)\ **Post date:** [January 8, 2003, 4:13pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/1 "2003-01-08T16:13:15Z")
According to an [article](http://www.washingtonpost.com/wp-dyn/articles/A24635-2003Jan7.html) in this morning’s _Washington Post_, police here in Fairfax County raided bars and arrested patrons who were minding their own business. > [@](#): > > Habib was among restaurant and bar patrons swept up last month in a joint operation of the Fairfax County police and the Virginia Department of Alcohol Beverage Control. During the holiday period, undercover agents went to 20 bars in Reston and Herndon looking for examples of bartenders “overserving” customers. Police ultimately raided three bars and arrested nine patrons who failed sobriety tests. They were charged with public drunkenness and spent the night in jail. The police claimed that the raids were an attempt to prevent drunk driving, and to be fair, four of the men arrested were on their way to their cars. But the remainder were arrested for nothing more than being buzzed in a bar, which is the whole freaking purpose of going to a bar in the first place! ---
**Author:** ![Mooch](https://avatars.discourse-cdn.com/v4/letter/m/7bcc69/32.png) [@Mooch](https://boards.straightdope.com/u/Mooch)\ **Post date:** [January 8, 2003, 4:23pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/2 "2003-01-08T16:23:35Z")
Oh crap…and I thought the smoking in bars ban movement here was bad news. ---
**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\ **Post date:** [January 8, 2003, 4:28pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/3 "2003-01-08T16:28:48Z")
Dumb Legal Question: After they spent the night in jail, did they still have to go to court or anything? Do they have a record now? ---
**Author:** ![SC\_Wolf](https://avatars.discourse-cdn.com/v4/letter/s/eb9ed0/32.png) [@SC\_Wolf](https://boards.straightdope.com/u/SC_Wolf)\ **Post date:** [January 8, 2003, 4:37pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/4 "2003-01-08T16:37:01Z")
What does the appicalble public drunkenness statute actually specifiy? Did it authorize the use of the standard Highway Patrol Field Sobriety Test? To me, it would seem that there would be a different, higher standard for operating a motor vehicle than there would be for just being in public. ---
**Author:** ![Earthworm\_Jim](https://avatars.discourse-cdn.com/v4/letter/e/f07891/32.png) [@Earthworm\_Jim](https://boards.straightdope.com/u/Earthworm_Jim)\ **Post date:** [January 8, 2003, 5:01pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/5 "2003-01-08T17:01:09Z")
err… Aren’t bars private property? If one can be arrested for “public drunkenness” (is that the way it’s officially filed, I wonder?) in a bar, why not from your back porch on Labor Day? ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [January 8, 2003, 5:07pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/6 "2003-01-08T17:07:40Z")
In Virginia, the applicable law is § 18.2-388, which provides in full: > [@](#): > > 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. Now, in the case of motor vehicle operation, the law imposes a presumption of intoxication at a BAC of .08. But a person may be convicted of DUI without a specific BAC; other evidence may be used to show intoxication. Under § 18.2-388, there is no presumption – that is, no specific BAC that constitutes “intoxicated” for the purposes of guilt. It would be up to the finder of fact to determine, by considering all the evidence, if the accused was intoxicated within the meaning of the law. **Revtim** : the “night in jail” - or night in the drunk tank - does not erase the charge; the law permits the officer to arrest and process, or to place the accused in a detoxification center in lieu of arrest, but the charge must still be answered. In Virginia, the penalty for a Class 4 misdemeanor, which this is, is a $250 fine. The “night in jail” is likely a result of either the detoxification center stay, or, if arrested, the normal time frame between a night arrest and a bail hearing before a magistrate the next morning. For a Class 4 misdemeanor, the magistrate will usually approve an unsecured bond release. - Rick ---
**Author:** ![Meatros](https://avatars.discourse-cdn.com/v4/letter/m/b4bc9f/32.png) [@Meatros](https://boards.straightdope.com/u/Meatros)\ **Post date:** [January 8, 2003, 5:10pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/7 "2003-01-08T17:10:08Z")
I just read the article too and it doesn’t seem exactly clear on why they were arrested. I’m wondering if the people arrested were arrested because they were acting disorderly at the bar. At least one of the arrestee’s was questioned because their was a disturbance at the bar she was at and she matched the physical description of the perpetrator. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [January 8, 2003, 5:10pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/8 "2003-01-08T17:10:36Z")
> [@](#): > > \*Originally posted by Beelzebubba \* > \*\*err… Aren’t bars private property? If one can be arrested for “public drunkenness” (is that the way it’s officially filed, I wonder?) in a bar, why not from your back porch on Labor Day? \*\* Public, in these cases, means “open to the public” - while they are private property, the general public are invitees. By the same token, you can be arrested for DUI in a supermarket parking lot. Even though it’s private property, it’s an area open to the public. - Rick ---
**Author:** ![gobear](https://avatars.discourse-cdn.com/v4/letter/g/8dc957/32.png) [@gobear](https://boards.straightdope.com/u/gobear)\ **Post date:** [January 8, 2003, 6:02pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/9 "2003-01-08T18:02:43Z")
> [@](#): > > I just read the article too and it doesn’t seem exactly clear on why they were arrested. I’m wondering if the people arrested were arrested because they were acting disorderly at the bar But in the part I excerpted, the article stated that the ABC and the police sent 20 undercover agents looking for bartenders overserving patrons-in other words, they are trolling the bars for people over the limit. ---
**Author:** ![cleosia](https://avatars.discourse-cdn.com/v4/letter/c/9dc877/32.png) [@cleosia](https://boards.straightdope.com/u/cleosia)\ **Post date:** [January 8, 2003, 6:23pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/10 "2003-01-08T18:23:52Z")
The part of the statute I noticed was: > [@](#): > > …the penalty for a Class 4 misdemeanor, which this is, is a $250 fine. Need I say more? ---
**Author:** ![Early\_Out](https://avatars.discourse-cdn.com/v4/letter/e/6f9a4e/32.png) [@Early\_Out](https://boards.straightdope.com/u/Early_Out)\ **Post date:** [January 8, 2003, 6:58pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/11 "2003-01-08T18:58:55Z")
Apparently, they carried out these enforcement actions in a kind, gentle manner ( :rolleyes: ). The following, from _The Reston Times_: > [@](#): > > Jimmy Cirrito, who owns and runs Jimmy’s Old Town Tavern, said 10 or so officers who showed up in SWAT-like garb were intimidating… The manager of another bar said: > [@](#): > > They were talking to one of the guests, then physically pulled him off the barstool. They were really aggressive and nasty. I can only conclude that all serious crime in Fairfax County has been eliminated, so the police are left with this nonsense. (BTW, for those of you not familiar with this area, this part of the county could be characterized as upper-middle-class suburbia. We’re not talking about sleazy dives, where people end up knifing each other in the parking lots after a night of boilermakers.) ---
**Author:** ![Neurotik](https://avatars.discourse-cdn.com/v4/letter/n/91b2a8/32.png) [@Neurotik](https://boards.straightdope.com/u/Neurotik)\ **Post date:** [January 8, 2003, 7:03pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/12 "2003-01-08T19:03:39Z")
Well, to be fair, ABC really doesn’t have much else to do… ---
**Author:** ![Meatros](https://avatars.discourse-cdn.com/v4/letter/m/b4bc9f/32.png) [@Meatros](https://boards.straightdope.com/u/Meatros)\ **Post date:** [January 8, 2003, 7:33pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/13 "2003-01-08T19:33:41Z")
> [@](#): > > \*Originally posted by gobear \* > \*\*But in the part I excerpted, the article stated that the ABC and the police sent 20 undercover agents looking for bartenders overserving patrons-in other words, they are trolling the bars for people over the limit. \*\* Yes, that does appear to be the case, the thing that I noticed is the reporter says “ultimately”, as though it might not be strictly related to the undercover agents. But then again I’m super-paranoid about reporters anyway (I was a Communication Major), so I am probably deluded.😃 ---
**Author:** ![Mojo](https://avatars.discourse-cdn.com/v4/letter/m/85f322/32.png) [@Mojo](https://boards.straightdope.com/u/Mojo)\ **Post date:** [January 8, 2003, 8:02pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/14 "2003-01-08T20:02:49Z")
I was in Ned Devine’s (one of the bars targeted) on Friday and asked a waitress about it- she said that they were mostly targeting the “sloppy drunks” (and trust me, Ned Devine’s has plenty o’ those) but did hassle some other patrons. She didn’t seem to mind them hassling the sloppy drunks (I’m guessing they get so blotto they forget to tip) but seemed pretty pissed about the police intrusion ---
**Author:** ![Fretful\_Porpentine](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fretful_porpentine/32/2873_2.png) [@Fretful\_Porpentine](https://boards.straightdope.com/u/Fretful_Porpentine)\ **Post date:** [January 8, 2003, 8:17pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/15 "2003-01-08T20:17:56Z")
But … of course nobody is allowed to get drunk in Reston! Reston is a Special Place. A Family-Friendly Place, where everybody is happy and nice and paints their house only in pre-approved colors, and nobody is ever allowed to die because there are no cemeteries or funeral homes in town. Death, you see, is Unattractive. Drunkenness is also Unattractive, and the entire purpose of the Reston Association is to fight Unattractiveness. (As a side note, clotheslines are also banned despite their environmental benefits, and bullying in the schools is generally assumed to be the victim’s fault.) Grew up there. Moved away as soon as I could afford it. Will _never_ live there again. ---
**Author:** ![Shade](https://avatars.discourse-cdn.com/v4/letter/s/2bfe46/32.png) [@Shade](https://boards.straightdope.com/u/Shade)\ **Post date:** [January 8, 2003, 8:39pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/16 "2003-01-08T20:39:46Z")
[quote] Under Virginia law, a restaurant or bar is a public place, and public intoxication is a low-level misdemeanor punishable by a night in jail and up to a $250 fine.[/q] Does this really say going to a bar and getting drunk is against the law? Isn’t that partly what bars are for? Do I misunderstand ‘intoxicated’? ---
**Author:** ![Early\_Out](https://avatars.discourse-cdn.com/v4/letter/e/6f9a4e/32.png) [@Early\_Out](https://boards.straightdope.com/u/Early_Out)\ **Post date:** [January 8, 2003, 11:25pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/17 "2003-01-08T23:25:33Z")
> [@](#): > > \*Originally posted by Fretful Porpentine \* > \*\*Grew up there. Moved away as soon as I could afford it. Will _never_ live there again. \*\* We are always grateful for small favors. 😉 ---
**Author:** ![OpalCat](https://avatars.discourse-cdn.com/v4/letter/o/8edcca/32.png) [@OpalCat](https://boards.straightdope.com/u/OpalCat)\ **Post date:** [January 8, 2003, 11:48pm UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/18 "2003-01-08T23:48:40Z")
We lived in Reston when we first moved out here 6 years ago. Then we moved to City of Fairfax, and now we’re in Centreville. All of which is Fairfax County. Fortunately for us, we don’t go to bars. I feel so embarassed just for living here, after reading that :X ---
**Author:** ![Bob\_Scene](https://avatars.discourse-cdn.com/v4/letter/b/e19adc/32.png) [@Bob\_Scene](https://boards.straightdope.com/u/Bob_Scene)\ **Post date:** [January 9, 2003, 12:17am UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/19 "2003-01-09T00:17:20Z")
> [@](#): > > Fairfax County Police Lt. Tor Bennett, assistant commander of the Reston District station, said yesterday that he had not reviewed every case, but that he thinks his officers “know the difference between people who are having a good time and those who are obviously drunk.” There’s a difference? ---
**Author:** ![Sofa\_King](https://avatars.discourse-cdn.com/v4/letter/s/58956e/32.png) [@Sofa\_King](https://boards.straightdope.com/u/Sofa_King)\ **Post date:** [January 9, 2003, 12:29am UTC](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317/20 "2003-01-09T00:29:44Z")
What, no [Scream](http://www.trouserpress.com/entry.php?a=scream) fans in the house? _Uncle Sam wants YOU The Army… The Navy… The Air Force… The Marines… The Argentine Navy… The Fairfax County Police!_ (You can hear the first half of this line by previewing “Your Wars/Killer” [here](http://www.artistdirect.com/music/artist/card/0,,490835,00.html)) Come to think of it, it’s the twentieth anniversary of that fine album. I may get older, but the Fairfax County Police remain assholes. [Next page](https://boards.straightdope.com/t/dont-get-a-buzz-on-in-fairfax-county/147317.md?page=2)