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Can I Be Charged for Public Intoxication in New York State?

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.

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