Public intoxication laws are in place to deter people, who appear to be under the influence of drugs or alcohol, from disturbing the public, hurting others, and hurting themselves. Some states consider public intoxication a crime, while others consider it a misdemeanor. Continue reading to learn the New York law for public intoxication and how one of the experienced Garden City, NY drug crime attorneys at Grunwald & Seman, P.C., can work to combat any penalties placed against you.
What are the consequences of public intoxication?
It is important to understand that, according to New York law, merely being drunk in public is not considered a crime, regardless of how drunk you are. Still, a law enforcement officer holds the authority to place you into custody in the following scenarios:
- You may be taken home or to a treatment facility, but only if you consent.
- You may be taken to a hospital for emergency treatment if you are incapacitated, with no consent required.
- You may be taken into protective custody if a doctor determines that you pose a danger for yourself or others, but only for 48 hours.
However, with drug crimes taken seriously in New York state, if you are exhibiting public intoxication due to drugs, this is indeed considered a violation. With this, you can be potentially charged with up to 15 days in jail and an up to $250 fine.
What are the possible penalties for a DWI offense after public intoxication?
While you cannot be criminalized for public intoxication alone, you can still be convicted of a DWI offense if you go behind the wheel of a vehicle after being publicly intoxicated. With this conviction comes the possible penalties of jail time, fines, and license suspension, among others. Examples read as follows:
- First-offense DWI:
- Jail for up to one year.
- Fines anywhere between $500 to $1,000.
- License revocation for at least six months.
- New York Drinking Driver Program (DDP) enrollment, and associated fees.
- Second-offense DWI:
- Jail for up to four years.
- Fines anywhere between $1,000 to $5,000.
- License recovation for at least one year.
- DDP enrollment, and associated fees.
- Third-offense DWI:
- Jail for up to seven years.
- Fines anywhere between $2,000 to $10,000, along with state surcharges.
- License revocation for at least one year, or permanent revocation.
If you are facing any of the above charges, you must retain the services of a skilled Garden City, NY DWI | DUI attorney at your earliest convenience. We will strategize a proper defense to reduce or eliminate these penalties. Give our firm a call today.
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If you need experienced legal counsel for a criminal matter on Long Island or anywhere in New York State, please contact Grunwald & Seman, P.C. to schedule a consultation.