Rochester drivers arrested for drinking and driving who have prior DWI offenses often face increased jail time, higher fines and enhanced driver’s license penalties.

Usually, the prosecution is barred – or at least severely limited – when it comes to bringing up prior offenses of other bad acts of the defendant in a criminal trial.

The logic behind this is that the defendant should only be on trial for the actual crime charged, and bringing in prior arrests may unfairly prejudice a jury against the defendant by giving the impression that he or she has a tendency to commit crimes.

Unfortunately for DWI defendants, some drinking and driving offenses – such as Felony Driving While Intoxicated – require the prosecution to prove a prior alcohol-related conviction as one of the elements of the current offense.

As a result, the prosecution cannot be completely prohibited from addressing the prior alcohol-related conviction at trial despite the danger that the jury may perceive the defendant as a repeat offender who habitually violates New York’s drinking and driving laws.

How much the prosecution can disclose regarding prior DWI convictions, however, is a matter that is often contested by the parties prior to trial.

While some prosecutors may seek permission to cross-examine a defendant regarding the circumstances surrounding the prior arrest and conviction, an experienced DWI lawyer will seek to limit what is permitted into evidence to only the bare facts necessary to establish that a prior conviction occurred, without an examination of issues such as how much the defendant had to drink before the prior arrest, prior breath test results, or why the defendant was pulled over.

Repeat DWI offenders face serious criminal penalties. If you need the help of an experienced lawyer, call us at 585-484-7432.