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New York Public Intoxication Laws and DWI by Jason Bassett Understanding the difference between DWI, DUI, and public intoxication in New York is crucial for anyone facing related charges. In Long Island, navigating these complex laws requires clear guidance and reliable information. Attorney Jason Bassett, Esq., founder of the Law Offices of Jason Bassett, P.C., provides insight into how New York State approaches intoxication-related offenses and what steps you can take to protect your rights. Law Offices of Jason Bassett, P.C. 320 Carleton Ave # 4200, Central Islip, NY 11722, United States (631) 259-6060 https://jbassettlaw.com/new-york-publ... https://www.google.com/maps?cid=69502... New York’s laws distinguish between Driving While Intoxicated (DWI), Driving While Ability Impaired (DWAI), and Driving Under the Influence (DUI). A DWI is typically charged when a driver’s Blood Alcohol Content (BAC) reaches 0.08% or higher. For commercial drivers, the threshold is even lower at 0.04%. Those under 21 fall under the state’s Zero Tolerance Law, which enforces strict limits on alcohol consumption before driving. DWAI charges apply when the BAC is between 0.05% and 0.08%, reflecting a lower level of impairment but still carrying significant penalties, including fines, license suspension, and mandatory installation of an ignition interlock device. While DWI focuses on alcohol impairment, DWAI-Drugs and DWAI-Combination address cases involving drugs or a mix of substances. These offenses can result in serious legal and personal consequences. Public intoxication, however, is treated differently. In New York, being intoxicated in public is not a criminal offense unless it leads to disorderly conduct or endangers others. Under New York Penal Law §240.20, disorderly conduct can include actions such as fighting, making unreasonable noise, or blocking traffic. Even minor disruptions caused by intoxication can lead to citations and fines. When a DWI arrest occurs, law enforcement follows specific procedures that include field sobriety tests and breathalyzer testing. Refusal to take a breath test may trigger immediate license suspension under New York’s implied consent laws. Understanding your rights during such encounters is essential, as statements or actions during a stop can impact your case. Attorney Jason Bassett, with experience as a former Assistant District Attorney and Assistant Attorney General, brings a comprehensive perspective to defending clients in DWI and DUI cases throughout Long Island and New York. Defensive strategies in these cases often involve challenging the legality of the traffic stop, questioning the accuracy of BAC results, or identifying procedural errors. A skilled defense can make a significant difference in minimizing penalties or achieving dismissal. Jason Bassett’s approach emphasizes preparation, clarity, and focused legal action tailored to each client’s situation. For individuals charged with DWI, DUI, or related offenses in Long Island, seeking professional legal representation is the first step toward protecting your future. Contact the Law Offices of Jason Bassett, P.C. at (631) 259-6060 to discuss your case and explore your legal options under New York law. Understanding your rights today can help you move forward with confidence and ensure that every aspect of your defense is handled with care and precision. What are the rules for DWI in NY? Is it illegal to be publicly intoxicated in New York? What is the difference between a DUI and a DWI in New York State? What is a common law DWI in NY?