New York Public Intoxication Laws and DWI - Jason Bassett

From Law Offices of Jason Bassett, P.C. – New York Public Intoxication Laws and DWI dives deep into how public intoxication and driving while intoxicated are treated under New York law. Attorney Jason Bassett breaks down the distinctions between public intoxication (which, for alcohol, is not itself a crime in New York) and the far more severe implications of a DWI or DWAI when a vehicle is involved. The podcast will unpack thresholds for Blood Alcohol Content (BAC), the “zero tolerance” rule for under-21 drivers, and how even being near a vehicle with intent to drive can escalate charges.

In the second segment, we explore the pathway from public intoxication to a criminal DWI charge — how an intoxicated person found behind the wheel or even in a driver’s seat can trigger legal liability. We’ll also cover how drug-related public intoxication is treated more harshly in New York, with possible jail time and fines, contrasting that with alcohol “drunkenness” in public which the state treats more as a health and safety issue.

Next, listeners will get a guide through the arrest process in a DWI or public intoxication scenario: what the police look for (smell of alcohol, slurred speech, erratic driving), field sobriety tests, breathalyzers, implied-consent laws, and how initial stops and equipment calibration become key in defense strategy. The episode also highlights common mistakes: volunteering too much, refusing tests without knowing the implications, and how a skilled defense can challenge probable cause or testing reliability.

Finally, we discuss defensive strategies: how a lawyer familiar with Long Island’s legal landscape — including Suffolk County and Nassau County — can investigate witness evidence, challenge the legality of the stop, question BAC testing accuracy, and help navigate plea negotiations, alternate sentencing, or treatment programs. This podcast is essential for anyone in New York facing public intoxication or DWI concerns, or simply wanting to understand their rights and risks in these scenarios.

Law Offices of Jason Bassett, P.C.

320 Carleton Ave #4200c, Central Islip, NY 11722, United States

(631) 259-6060

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