While there is nothing wrong with being in public after having a couple of drinks, there is a problem if this causes you to become a public disturbance or threat. This is why there are public intoxication laws in New York state. Read on to learn about public intoxication charges and how a seasoned Rockland County criminal defense attorney at The Law Office of Kevin T. Conway can come to your defense.
Can I be charged with a criminal offense for public intoxication in New York state?
Public intoxication due to alcohol is not considered a criminal offense in New York state. However, if you pose a threat to others or yourself, a law enforcement officer can take you into custody. With this, they hold the right to carry out any of the following procedures:
- A law enforcement officer can take you home or to a treatment facility, with your consent.
- A law enforcement officer can take you to a hospital for emergency treatment if you are incapacitated, without your consent.
- A law enforcement officer can take you into protective custody if a doctor determines that you pose a danger to others or yourself, only for a 48-hour duration.
On the other hand, public intoxication due to drugs is taken more seriously. This is considered a violation of New York law, so you may be facing up to 15 days in jail and an up to $250 fine. For more, contact a Spring Valley drug possession, crime defense attorney today.
What are the consequences of receiving a DWI after public intoxication?
While public intoxication alone is not considered a criminal offense, a DWI offense is considered such. If you get behind the wheel after being publicly intoxicated, you may be looking at a suspended license, fines, and worst of all, jail time. Examples of such consequences read as follows:
- First-offense DWI:
- Jail for up to one year.
- Fines anywhere from $500 to $1,000.
- License revocation for at least six months.
- New York Drinking Driver Program (DDP), and associated costs.
- Second-offense DWI:
- Jail for up to four years.
- Fines anywhere from $1,000 to $5,000.
- License revocation for at least one year.
- DDP, and associated costs.
- Third-offense DWI:
- Jail for up to seven years.
- Fines anywhere from $2,000 to $10,000, along with state surcharges.
- License revocation for at least one year, or permanent revocation.
If you find yourself in this situation, it is imperative that you retain the services of a competent Spring Valley DWI defense attorney as immediately as possible.
CONTACT OUR EXPERIENCED ROCKLAND COUNTY FIRM
Attorney Conway is a Spring Valley criminal attorney and is also experienced in commercial law matters, zoning law, and estate planning. Contact The Law Office of Kevin T. Conway for a free consultation today.