New York DWI lawyer Rachel Kugel (https://thekugellawfirm.com/new-yorks-public-intoxication-laws-and-dwi/), of The Kugel Law Firm, explains the serious consequences of being charged with Driving While Intoxicated (DWI) or public intoxication in New York. In a recent article, Kugel provides insight into the legal distinctions between public intoxication and DWI, outlining the potential penalties and the circumstances under which intoxication in public can escalate into more severe charges.
Public intoxication due to alcohol is not a criminal offense in New York, but related behavior, such as disorderly conduct, can still result in legal trouble. Public intoxication due to drug use, however, is considered a violation under New York Penal Law § 240.40, which can lead to fines or jail time. Rachel Kugel, a New York DWI lawyer, highlights how law enforcement officers may take an intoxicated person into protective custody if they are deemed a risk to themselves or others.
DWI charges, on the other hand, come with much harsher penalties, including license suspension, fines, and potential jail time. Rachel Kugel, a New York DWI lawyer, explains that even seemingly minor actions, such as attempting to operate a vehicle while intoxicated or sitting in the driver’s seat with the keys in hand, can lead to a DWI arrest. Law enforcement officers may also use observations of public intoxication as supporting evidence in a DWI case.
New York law does not classify public intoxication due to alcohol as a criminal offense, as the state repealed laws criminalizing it in 1974. However, intoxicated individuals can still face legal consequences if their behavior is disruptive or dangerous. Public intoxication due to drug use, unlike alcohol intoxication, is considered a violation. Rachel Kugel explains that if someone is found in public under the influence of narcotics, they may face a fine of up to $250 or a jail sentence of up to 15 days.
Local ordinances may impose additional regulations, and law enforcement officers have the authority to place individuals in protective custody if they pose a danger to themselves or others. Although public intoxication alone is not a criminal offense, the consequences of actions associated with intoxication can be significant.
Public intoxication and DWI charges often overlap in ways many people do not expect. Rachel Kugel explains that certain situations can easily escalate into a DWI investigation. An intoxicated person attempting to enter or start a vehicle, even without driving, may be considered to be in control of the car and face a DWI arrest. If law enforcement sees an intoxicated person exiting a car in a public space, they may suspect that the individual was driving under the influence. Witness reports of erratic driving followed by intoxicated behavior in public can also lead to further investigation.
Even if no officer witnesses the individual driving, circumstantial evidence such as the person’s proximity to a vehicle, possession of car keys, or statements made while intoxicated can be used in a DWI case. Rachel Kugel warns that simply being near a vehicle while intoxicated can sometimes result in a DWI charge, even if there was no actual intent to drive.
New York imposes strict penalties for DWI convictions, which vary depending on prior offenses and blood alcohol concentration (BAC) levels. A first-offense DWI is classified as a misdemeanor and can result in fines ranging from $500 to $1,000, up to one year in jail, and a license revocation of at least six months. A second offense within ten years is classified as a felony, carrying fines between $1,000 and $5,000, a prison sentence of up to four years, and a license revocation of at least one year. A third offense within ten years is a more serious felony, with fines ranging from $2,000 to $10,000, up to seven years in prison, and a license revocation of at least one year.
For those with a BAC of 0.18% or higher, aggravated DWI charges apply, leading to even harsher penalties. Convicted individuals may also be required to install an ignition interlock device and complete a driver rehabilitation program. Rachel Kugel emphasizes that the consequences of a DWI conviction extend beyond legal penalties, affecting employment, professional licenses, and insurance rates.
Law enforcement officers approach public intoxication and DWI cases differently depending on the circumstances. Rachel Kugel explains that while public intoxication alone is not a crime, police may intervene if an individual is engaging in disruptive, aggressive, or dangerous behavior. Officers use field sobriety tests and chemical tests, such as breathalyzers, to assess impairment in DWI cases.
Under New York’s Implied Consent Law, drivers who refuse a chemical test face immediate penalties. A first refusal results in a one-year license revocation and a $500 civil penalty, while a second refusal within five years leads to an 18-month license revocation and a $750 civil penalty.
Police officers also have discretion when deciding between protective custody and arrest in cases involving public intoxication. If an intoxicated individual is deemed a risk to themselves or others but has not committed a crime, officers may take them into protective custody instead of making an arrest. However, Rachel Kugel warns that engaging in disorderly conduct, resisting law enforcement, or refusing to cooperate can lead to criminal charges in addition to a DWI.
Being charged with DWI or public intoxication-related offenses can be stressful, but understanding legal rights is essential. Rachel Kugel advises individuals to remain aware of their right to remain silent, as anything said to law enforcement can be used as evidence. The right to legal counsel allows individuals to request an attorney before answering questions. The right to refuse searches means that unless law enforcement has probable cause or a warrant, individuals can decline a search of their vehicle or belongings.
“These charges can have long-lasting effects on a person’s life, so it’s important to act quickly and understand your legal options,” says Rachel Kugel.
Charges related to DWI and public intoxication can result in serious consequences, from criminal records and financial penalties to license suspensions and professional setbacks. Rachel Kugel and The Kugel Law Firm are dedicated to defending individuals facing these charges and guiding them through the legal system.
About The Kugel Law Firm:
The Kugel Law Firm is committed to defending individuals facing DWI and public intoxication-related charges in New York. Led by Rachel Kugel, the firm can provide legal guidance for those dealing with complex legal matters. With a strong dedication to client advocacy, The Kugel Law Firm helps individuals manage the challenges of the legal system and work toward favorable case resolutions.
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