The least serious drinking and driving charge that a Rochester driver over the age of eighteen may face is Driving While Ability Impaired by Alcohol.

For a first time offender, this charge will usually be classified as a traffic infraction, which is not a crime.

This means that someone convicted of this drinking and driving offense will not be considered a convicted criminal under New York State law.

This can be important when, for example, being asked about any criminal convictions on a job or school application.

There are certain circumstances, however, where a charge of Driving While Ability Impaired by Alcohol may be enhanced to a misdemeanor offense – which is a crime – instead of a traffic infraction.

This is most likely to occur when the driver has two prior drug or alcohol-related driving convictions with the past ten years.

These prior convictions may include not only Driving While Ability Impaired by Alcohol, but also offenses such as Driving While Intoxicated, Aggravated Driving While Intoxicated per se, and Driving While Ability Impaired by Drugs.

The misdemeanor Driving While Ability Impaired by Alcohol charge carries additional potential jail time, higher fines, and a longer period of loss of driving privileges.

More rarely, a driver accused of Driving While Ability Impaired by Alcohol may face a misdemeanor charge based on the type of vehicle he or she was driving.

A first time offender may face a charge of Driving While Ability Impaired by Alcohol as a misdemeanor if he or she is arrested while driving a taxi, livery, school bus, or a vehicle carrying flammable gas, explosives, or radioactive material.

If you have been arrested for any drinking and driving offense, we are experienced lawyers who can help you.

Call us at 585-484-7432 for a legal consultation.