Alcohol is part of most social events nowadays, and there is nothing wrong with having a few drinks in the company of friends. However, drinking too much too often may have far-reaching negative effects on your life.
According to the Institute for Health Metrics and Evaluation, 18.3 percent of Americans were considered binge drinkers in 2012, and 8.2 percent qualified as heavy drinkers. In addition to the health effects of binge drinking, consuming too much alcohol can increase your likelihood of breaking the law.
Driving while intoxicated and public intoxication are two common offenses that come with severe penalties. But what are the differences between these charges? This article will provide the answer.
If you were arrested for an alcohol-related offense in New York, turn to Darren DeUrso, Attorney at Law. Mr. DeUrso is a DWI lawyer in White Plains who will passionately and aggressively represent your interests. Schedule a consultation today by calling 914-772-8614.
What Is Public Intoxication?
In the state of New York, there are no laws against merely being drunk in public; however, drug-related impairment is a different story. New York Penal Code 240.40 states that it is a violation to appear in public under the influence of drugs.
In general, police are unlikely to pay attention to you if you are minding your own business and appear to be stable. If an officer suspects that you are so impaired that you present a danger to yourself or others, though, or that you are bothering people in the near vicinity, you could face charges for public intoxication.
A public intoxication conviction can result in a fine of $250 and up to 15 days in jail. If you are impaired, police may only take you into protective custody at your consent; however, individuals who are incapacitated to the point where they cannot make reasonable decisions may go to the hospital without giving consent to receive emergency care.
What Is Driving while Intoxicated?
The main difference between public intoxication and driving while intoxicated is that in DWI cases, the defendant was behind the wheel of a vehicle. It is important to note that police can charge individuals with DWI even if they are not driving the vehicle; the suspect merely has to be in the driver’s seat and in possession of the keys.
In the state of New York, the penalties for DWI are more severe than those for public intoxication because individuals who drive while intoxicated are typically endangering more lives than those who are merely walking around outside.
If you are facing DWI or public intoxication charges in New York, you do not have to fight them alone. Darren DeUrso, Attorney at Law will help you structure a comprehensive defense based on the facts surrounding your particular case.
Darren DeUrso has been in practice for 25 years. Call 914-772-8614 today to schedule a consultation with a White Plains DWI lawyer.