Any Rochester driver arrested a second time for drinking and driving may face serious legal consequences.

If a prior DWI conviction occurred within ten years of the current conviction, the charge against the defendant may be enhanced from a misdemeanor to a felony.

This would result in a potentially greater fine, a lengthier driver’s license revocation, and a longer potential jail sentence.

Even when the prior offense is more than ten years old, the regulations of the Department of Motor Vehicles provide additional penalties for drivers with even one prior drinking and driving offense.

Typically, a driver with no prior drinking and driving offenses in the past five years is eligible to participate in the Drinking Driver Program after being convicted of an alcohol-related offense.

Upon completion of this program, the driver may apply to the Department of Motor Vehicles to have his or her driver’s license suspension or revocation lifted.

In some cases, this may result in the driver having his or her full driving privileges restored prior to the completion of the minimum revocation period set forth in New York State law.

When a driver’s license is revoked, however, the DMV regulations require that the driver’s full driving record be reviewed prior to the return of his or her full driving privileges.

According to these regulations, if the driver has two alcohol or drug related driving convictions in the past twenty-five years, he or she is not eligible to have full driving privileges restored until the minimum revocation period has ended, regardless of participation in the Drinking Driver Program.

As a result, prior convictions that occurred well over five years ago may still impact a defendant’s driving privileges.

We are experienced lawyers who can help you understand the potential penalties for DWI.Call us at 585-484-7432.