Conviction for Driving While Ability Impaired by Alcohol as a second offense is one of the more unusual drinking and driving charges defended by Rochester criminal defense attorneys.
While the mandatory penalties are increased for the second offense, the charge remains a traffic infraction, which is not considered a crime.
For a second offender, the maximum possible jail sentence doubles from 15 days to 30 days.
The Court also may impose up to three years of probation supervision or a sentence combining the jail sentence with probation.
In addition to a jail sentence or probation, the court may also impose a fine, which for a second time offender increases from a range of $300 to $500 to a range of $500 to $750.
In addition to the fine, there will also be a mandatory surcharge of $255 and a Driver Responsibility Assessment payable to the Department of Motor Vehicles of $250 per year for three years.
The penalty to the driver’s license is also increased, with a second DWI offender facing a minimum revocation of six months.
Because the prior offense must have taken place within the last five years for the penalty to be enhanced and the Drinking Driver Program to obtain a conditional license may only be attended once every five years, second offenders will almost never be eligible for a conditional license during this revocation.
As a result, a second time offender will be unable to drive at all, even if they need a driver’s license to get to work.
Obviously, Driving While Ability Impaired by Alcohol as a second offense has serious consequences.
If you have been cited with driving while under the influence and need the help of an experienced DWI defense lawyer, call us at 585-484-7432.