Under prior New York law, there were instances where a Rochester driver who had used multiple drugs or a combination of alcohol and drugs was able to avoid conviction because no one substance could be pinpointed as the cause his or her impaired driving.
To close this loophole, New York State added an offense with the lengthy name of Driving While Ability by the Combined Influence of Drugs or of Alcohol and any Drug or Drugs.
When a driver commits this crime and has a prior DWI conviction, the charge is raised to a felony and additional penalties are imposed.
Felony Driving While Ability Impaired by Alcohol and Drugs is charged when a person is arrested for Driving While Ability Impaired by Alcohol and Drugs and previously had been convicted of Driving While Intoxicated, Driving with Blood Alcohol Content of .08% or Greater, Driving with Blood Alcohol Content of .18% or Greater (also called Aggravated Driving While Intoxicated per se), Driving While Ability Impaired by a Drug, Driving While Ability Impaired by Alcohol and Drugs, or one of various Vehicular Assault and Vehicular Manslaughter charges related to driving under the influence of alcohol or drugs.
This prior conviction must have taken place within ten years of the current arrest for the charge to be elevated to a felony offense.
Aside from establishing this prior conviction, it must be proven that the defendant operated a motor vehicle while his or her ability to do so was impaired – to any extent – by the combined influence of drugs or a combination of alcohol with a drug or drugs.
It does not need to be demonstrated that a sufficient amount of any one substance was ingested to cause impairment.
All that matters is that the substances combined in such a way that they impacted the defendant’s ability to drive.
A person arrested a second time for driving under the influence of alcohol, drugs or both faces serious consequences.
We can provide you with legal help at 585-484-7432.