What Is Driving While Ability Impaired In The Rochester Area?

When a Rochester driver is stopped for driving under the influence of alcohol, there are a variety of charges he or she may face depending on the degree of intoxication.

Driving While Ability Impaired is the least serious alcohol-related driving offense that may be charged in New York State.

To convict an individual of Driving While Ability Impaired, all that must be proven is that the driver was operating a motor vehicle on a public highway while his or her ability to drive was, to any extent, impaired by having consumed alcohol.

While more serious alcohol-related driving offenses require proof that the driver was “intoxicated” or require proof that the driver had a certain blood alcohol level, all that needs to be proven for a charge of Driving While Ability Impaired to stand is that alcohol was causing some reduction in the defendant’s ability to drive a car.

While a breath or blood test score is not necessary to uphold this conviction, a blood alcohol content score of .06% or .07% is considered evidence supporting that the driver was impaired, while a score of .05% or less is considered evidence that the driver was not impaired.

A score of .08% or higher will result in a more serious criminal charge.

If you have been arrested for drinking and driving, please call us at 585-484-7432.

We will help you protect your legal rights.

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