The laws surrounding driving under the influence of alcohol or drugs can be complicated even for an experienced Rochester DWI lawyer.

New York State has a variety of charges that may be brought against such drivers, with the potential penalties varying based on factors such as prior offenses, the defendant’s blood alcohol content, and whether the defendant is a minor or an adult.

For first time offenders, New York State has four criminal offenses that carry essentially the same penalties:Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, Driving While Ability Impaired by Drugs, and Driving While Ability Impaired by Alcohol and Drugs.

These are all considered unclassified misdemeanors which carry the same potential fines, jail time and driver’s license penalties.

Individuals arrested for Driving While Intoxicated or Driving with a Blood Alcohol Content of .08% or Greater ultimately may be convicted of the lesser offense of Driving While Ability Impaired by Alcohol.

Even a driver charged with Driving While Ability Impaired by Alcohol and Drugs may be convicted of the lesser offense of Driving While Ability Impaired by Alcohol if it is determined that the impairment was caused by alcohol alone and not drugs.

Driving While Ability Impaired by Alcohol is only a traffic infraction, not a misdemeanor.

A conviction for this lesser offense would result in lower fines, lesser driver’s license sanctions, and decreased potential jail time.

Unfortunately for those arrested for Driving While Ability Impaired by Drugs, there is no comparable lesser offense.

This means that when going to trial on a charge of Driving While Ability Impaired by Drugs, the driver must either be convicted of the misdemeanor offense or fully acquitted of the charge.

There is no reduced charge available.

An arrest for driving under the influence of alcohol or drugs carries serious consequences.

If you have been arrested, call us at 585-484-7432 for a legal consultation.