Driving While Ability Impaired by the Combination of Alcohol and Drugs as a Class D Felony is a very serious criminal offense that requires an experienced Rochester DWI defense lawyer.
This charge is reserved for repeat offenders who have been caught driving under the influence of drugs, alcohol or both on multiple occasions.
For a first time offender, the offense of Driving While Ability Impaired by the Combination of Alcohol and Drugs is a misdemeanor.
For the charge to be enhanced to a Class D Felony, it must also be proven that the driver previously had been convicted of two separate alcohol or drug related driving offenses within the past ten years.
The two prior convictions may be for any combination of the offenses of Driving While Intoxicated; Driving with a Blood Alcohol Content of .08% or Greater; Aggravated Driving While Intoxicated; Driving While Ability Impaired by Drugs; Driving While Ability Impaired by the Combination of Alcohol and Drugs; or any of various vehicular assault, vehicular manslaughter or vehicular homicide charges arising from driving under the influence of alcohol.
Aside from these prior convictions, the basic proof required is the same as that for the misdemeanor offense of Driving While Ability Impaired by the Combination of Alcohol and Drugs, which requires proof that the driver operated a motor vehicle while his or her ability to do so was impaired – to any extent – by a combination of different drugs or by a combination of alcohol and a drug or drugs.
The drug or drugs involved may be “street” drugs, such as cocaine or LSD, or prescription medications that impair the ability to drive.
Having a prescription for the drug that led to the criminal charge is not a defense.
If you are a multiple DWI offender facing charges, you need legal help. Please call us at 585-484-7432.