There are a surprising variety of penalties that Rochester area courts may impose on a driver convicted of drinking and driving.
In general, a court may require any defendant to perform community service as part of a sentence of probation or a conditional discharge.
There are also two specific circumstances set forth in New York State law where a judge must either require a defendant convicted of drinking and driving to perform community service or impose jail time.
When a driver is convicted of Driving While Intoxicated or Driving with a Blood Alcohol Content of .08% or Greater after having been convicted of either of these offenses within the preceding five years, he or she must be sentenced to a term of imprisonment of five days or, in the alternative, be required to perform thirty days of service for a public or not-for-profit corporation, association, institution or agency.
When a driver convicted of Driving While Intoxicated or Driving with a Blood Alcohol Content of .08% or Greater has two or more prior convictions for either of those offenses within the preceding five years, the court must impose a sentence of imprisonment of ten days or, as an alternative, require the defendant to perform sixty days of service for a public or not-for-profit corporation, association, institution or agency.
Under these two provisions of New York State law, drivers convicted of DWI who have recent prior offenses and are not sentenced to incarceration must perform community service.
Whether the defendant will be allowed to perform the required community service instead of being incarcerated would be at the discretion of the judge imposing the sentence.
When deciding on how to proceed following a DWI arrest, it helps to have an experienced lawyer who is familiar with the potential sentences.
If you have been arrested, call us at 585-484-7432 for a legal consultation.