Having a few drinks and being out in public is not illegal in New York. The problem starts when drinking leads to behavior that puts you or others at risk. Public intoxication laws are designed to address situations where someone becomes a disturbance or safety concern. Understanding what can happen if you are intoxicated in public can help you avoid serious legal trouble.
Is Public Intoxication a Crime in New York?
Public intoxication from alcohol is not considered a crime in New York. However, police can step in if they believe you might hurt yourself or others. Officers have several options in these situations. They may take you home or to a treatment center with your agreement. If you are severely impaired, they can take you to a hospital for emergency care even without your consent. In cases where a doctor determines you are a danger, you can be held in protective custody for up to 48 hours.
Public Intoxication from Drugs
Unlike alcohol, being high or impaired by drugs in public is considered a violation of the law. This can lead to up to 15 days in jail and fines of up to $250. This is treated more seriously because drug impairment can present a greater risk to public safety.
When Public Intoxication Leads to a DWI
Public intoxication becomes far more serious if you decide to drive. A DWI is a criminal offense and can result in severe penalties.
For a first-offense DWI, you could face up to one year in jail, fines ranging from $500 to $1,000, and at least a six-month license revocation. You will likely also have to complete the New York Drinking Driver Program and pay related fees.
A second-offense DWI can lead to up to four years in jail, fines between $1,000 and $5,000, and a license revocation of at least one year.
A third-offense DWI carries the harshest penalties. You may face up to seven years in jail, fines between $2,000 and $10,000, and a license revocation that may be permanent.
Get Help if You Are Facing Charges
Being stopped for public intoxication or arrested for DWI can be stressful and confusing. You do not have to go through the process alone. A skilled criminal defense lawyer in New York can explain your rights, review the details of your case, and work to protect your future.
If you have been charged, call (631) 424-6444 today to schedule a consultation and get the legal help you need.