Any driver arrested a second time for having violated New York’s drinking and driving laws needs the help of an experienced Rochester DWI lawyer.

Almost all repeat offenders face increased maximum penalties if convicted of another drinking and driving offense.

For the offense of Driving While Ability Impaired by Alcohol, however, the law surrounding these increased penalties is slightly different than the law for other drinking and driving offenses.

For most drinking and driving offenses, a second arrest results in an enhancement of the level of the offense – such as a misdemeanor level offense being raised to a class E felony.

Because higher level offenses carry longer periods of potential jail time and other increased penalties, the potential penalties increase along with the level of the offense.

This is not the case with a second offense for Driving While Ability Impaired by Alcohol.

Driving While Ability Impaired by Alcohol is classified as a traffic infraction – which is lower than a misdemeanor – for first time offenders.

When a driver is convicted of Driving While Ability Impaired by Alcohol and had a previous drinking and driving conviction in the past five years, the offense level is not enhanced and the charge remains a traffic infraction.

The potential penalties, however, do increase.

The potential maximum fine increases from $500 to $750, the potential maximum jail time increases from 15 days to 30 days, and the driver’s license penalty changes from a 90 day suspension to a 6 month revocation.

Following an arrest for drinking and driving, it is important to have an experienced DWI lawyer who understands the potential penalties.

If you have been arrested for an alcohol-related driving offense, call us at 585-484-7432 for a legal consultation.