Pursuant to N.J.S.A. 40:48-1.3, any person who is arrested for a violation of the provisions of N.J.S.A. 39:4-50 shall be held in protective custody at an appropriate police or other facility where the person's condition may be monitored until the person is no longer a danger to himself or others.
A. 
Any person detained pursuant to this article shall be released from protective custody when that person is no longer a danger to himself or others.
B. 
A person shall be considered no longer a danger to himself or others when that person's blood alcohol concentration is less than 0.05% and the person is no longer under the influence of any intoxicating liquor or narcotic or hallucinogenic or habit-forming drug to the extent that the person's facilities are impaired.
C. 
In no event shall a person be held in protective custody under this article for a period of longer than eight hours without being provided an appropriate hearing,
Notwithstanding the provisions of this article, the arresting law enforcement agency may, because of the age, health or safety of the arrested person, release said person pursuant to the provisions of N.J.S.A. 39:4-50.22 et seq., or provide an appropriate alternative to protective custody, provided that such action is not a detriment to the public safety. The Township shall not be subject to liability if a person is released from custody pursuant to the provisions of this section.