The state of New York takes drug charges very seriously. While most people think of intoxication in relation to alcohol, one can be intoxicated through the use of drugs as well. It’s important to know what the laws are regarding this type of drug offense.
What are New York’s laws pertaining to drug intoxication?
A person can face drug charges in New York if they appear out in public while intoxicated through the use of drugs. This can include narcotics and other illicit drugs. If the person is out in public while under the influence of drugs and poses a significant danger to others, themselves or property or if the person annoys the public, they can be arrested for public intoxication. Even if the individual is sitting in a vehicle while intoxicated through the use of drugs, they can face such charges.
What is protective custody relating to public intoxication?
People who receive drug charges of public intoxication can be taken into protective custody by a police officer. If the individual is incapacitated and needs emergency hospitalization or treatment, the officer can take them to get help. A person under the influence of drugs may be considered incapacitated if they are unconscious or unable to make reasonable, rational decisions about their well-being. However, if an officer takes a person into protective custody when the individual is alert and protests against it, a doctor must make an evaluation of them immediately. In this scenario, the individual must not be kept in custody longer than 48 hours or once they are no longer a danger to the public or themselves.
What are the penalties for public intoxication?
Public intoxication is one of the drug charges that is typically classified as a misdemeanor in New York. If a person is arrested on these charges and convicted, they can receive penalties that include no more than 15 days in jail and a maximum fine of $250.
Public intoxication of drugs is considered a violation of the law. While it’s considered a mild offense, it can still tarnish your reputation if you face these charges. That’s why it’s important to protect your rights and seek to avoid a conviction.