A driver who has been arrested multiple times for driving under the influence of alcohol or drugs requires the help of an experienced Rochester criminal defense attorney.
Repeat offenders usually will face enhanced criminal charges and increased penalties.
For a repeat offender accused of driving under the influence of drugs, Driving While Ability Impaired by Drugs as a Class D Felony is one of the most severe crimes he or she may be charged with.
The basic proof required to establish this charge is the same as for a misdemeanor offense of Driving While Ability Impaired by Drugs.
It requires proof that the driver operated a motor vehicle while his or her ability to do so was impaired – to any extent – by a drug.
While the drug may be an illegal “street” drug such as marijuana or cocaine, the offense also includes the use of a prescription medication that impairs the ability to drive.
Having a prescription for the drug that caused the impaired driving is not a defense to the charge.
For this charge to be enhanced from a misdemeanor to a Class D Felony, it must also be proven that the defendant had prior alcohol or drug related driving offenses.
When it can be proven that the driver charged with Driving While Ability Impaired by Drugs previously had been convicted on two separate occasions 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 a 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, the driver may be convicted of a class D felony instead of a misdemeanor.
Both prior convictions must have occurred within ten years of the current charge.
Repeatedly driving under the influence of alcohol or drugs has serious consequences.
If you need legal help, call us at 585-484-7432.