What Is Misdemeanor Driving While Ability Impaired By Alcohol?

Rochester drivers who are repeatedly caught driving after having consumed too much alcohol often face enhanced charges and additional penalties.

This includes repeat offenders who have been drinking but are not considered intoxicated enough to actually be charged with Driving While Intoxicated.

Normally, the offense of Driving While Ability Impaired by Alcohol is a traffic infraction, which means that it is not considered a crime.

To prove this lower level offense, all the prosecution must establish is that the driver’s physical and mental ability to operate a motor vehicle was impaired, to any extent, by the consumption of alcohol.

The driving must have occurred on a public highway, a private road open to the public, or in a lot with parking for four or more vehicles that is not attached to a single or double family residence.

While a test of the driver’s blood alcohol content is not necessary to support the charge, a blood alcohol content of more than .05% but less than .07% is considered evidence of impairment.

To prove the charge of Misdemeanor Driving While Ability Impaired by Alcohol, the prosecution must also establish that twice within the preceding ten years, the defendant was convicted of any of the alcohol or drug related driving offenses found in Vehicle and Traffic Law section 1192.

The potential prior convictions include Driving While Ability Impaired by Alcohol, Driving While Intoxicated, Driving While Ability Impaired by Drugs, Aggravated Driving While Intoxicated, and several other alcohol and drug related offenses.

Even if you were not extremely intoxicated, being arrested for a drinking and driving offense has serious consequences. Call us at 585-484-7432 for legal help.

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