New York Public Intoxication Laws

New York has a law against public intoxication due to drugs but the state doesn't consider alcohol intoxication a crime. Learn how New York defines and addresses public intoxication.

Is Public Intoxication Due to Drugs Illegal in New York?

It's not a crime to simply be under the influence of drugs in a public place in New York. But, it becomes a violation as soon as intoxication makes someone:

• an annoyance
• a danger to themself or others, or
• a danger to property.

Public place. The law defines a "public place" as any place open to the public or accessible to a substantial group of people. These places can include highways, schools, parks, playgrounds, transportation facilities, and hallways and lobbies in hotels and apartment buildings. A court held that a person on a street or highway is in public even if the person is inside a private vehicle. For example, a couple that is sitting in their car on a public street, high on drugs, and fighting could be convicted of public intoxication.

Penalty; violation. Public intoxication due to drugs is a violation, punishable by up to 15 days in jail and a fine of up to $250.

(N.Y. Pen. Law §§ 70.15, 80.05, 240.00, 240.40 (2024); People v. Jackson, 967 N.E.2d 1160 (N.Y. 2012).)

Is Public Intoxication Due to Alcohol Illegal in New York?

No. New York repealed its law prohibiting public alcohol intoxication in 1974. But police can offer assistance to an impaired or incapacitated individual to take them home or to a chemical-dependence treatment facility. If the person is incapacitated (unconscious or unable to make rational decisions), a police officer may take the person to a hospital or other facility for emergency care and treatment without their consent.

A doctor must examine a person taken to a facility involuntarily as soon as possible and always within 12 hours. The person can be held against their will only as long as a doctor determines they present a risk of harm to themself or others, but never longer than 72 hours.

(N.Y. Mental Hyg. Law § 22.09 (2024).)

Seeking Legal Advice

If you're charged with public intoxication or any other crime related to drugs or alcohol, contact a New York criminal defense attorney. An attorney can tell you how your case is likely to fare in court depending on the law and the particular facts of your case. With an attorney's help, you can prepare the strongest possible defense and protect your rights.