A Rochester area driver arrested for the offense of Driving While Intoxicated who has no prior drinking and driving offenses faces a misdemeanor charge, which is a crime.

When there are no particularly aggravating factors surrounding the offense – such as a car accident, a very high breath test score, or resisting arrest – it is possible that the defendant charged with Driving While Intoxicated may be offered the opportunity to plead guilty to the offense of Driving While Ability Impaired by Alcohol.

Driving While Ability Impaired by Alcohol is classified as a traffic infraction, which is not a crime.

It also carries a lower potential fine, less potential jail time, and a shorter period of loss of driving privileges.

As a result, it would seem that there are no circumstances under which it would make sense to plead guilty to Driving While Intoxicated when the opportunity is offered to plead guilty to Driving While Ability Impaired by Alcohol.

In most cases, this is absolutely true.For some underage drivers, however, a plea to Driving While Intoxicated may actually have fewer long term implications than a plea to Driving While Ability Impaired by Alcohol.

This is because under New York State law, a conviction for a crime – such as Driving While Intoxicated – may be sealed for underage drivers with no prior convictions.

There is no basis, however, for sealing the record of a conviction for a traffic infraction such as Driving While Ability Impaired by Alcohol.

As a result, under the right circumstances an underage driver may be better off pleading guilty to DWI despite the more severe penalties because there is no possibility that the sealed charge may be used against the underage driver in the future.

Exactly how an underage driver should proceed following an arrest for drinking and driving requires the help of an experienced DWI lawyer.

Call us at 585-484-7432 if you need legal help.