⚖ Violation Reference
Public Intoxication / Disorderly Conduct
NY Penal Law § 240.20(5) · Public Order
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Overview
Being publicly intoxicated alone is not a crime in New York State. However, NYPD may issue a Disorderly Conduct summons under PL § 240.20(5) if the intoxicated person is creating unreasonable noise or refusing to move. Involuntary intoxication is a defense.
Fine Range
$0–$250 (Violation)
Surcharge
$95
How to Contest
- Appear on return date
- Challenge whether conduct rose to the level of 'disorderly' under the statute
- Request ACD if no prior record
- Note: intoxication alone is insufficient — disruptive conduct must be established
Common Defenses
- No disruptive conduct — intoxication alone is not a violation in NY
- Involuntary intoxication
- Medical emergency (e.g., diabetic episode)
- ACD eligible for first offense
Legal Information Only. This reference is sourced from publicly available NYC/NYS law. It is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney before taking any action on a legal matter. Need representation? Find an attorney →