A Rochester driver who has previously been convicted of drunk driving may face enhanced charges and penalties, even if the prior conviction took place outside of New York State.
Because modern technology has allowed police agencies and the departments of motor vehicles in different states to share information much more easily, a defendant cannot count on New York State not being aware of a prior conviction from another state if re-arrested for DWI.
Determining exactly how the prior offense will impact the New York State offense requires a comparison of New York State law with the law where the prior alcohol-related offense was committed.
A prior out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs is deemed to be a prior conviction of a violation of an analogous offense in New York State.
For example, someone who has been convicted of an offense involving driving a motor vehicle with a blood alcohol content of greater than .08% will be considered to have violated the New York State offense of Driving While Intoxicate per se, which is an unclassified misdemeanor.
A prior out-of-state drunk driving offense may impact the current arrest in several ways.
It may result in a misdemeanor drunk driving offense being enhanced to a felony, lead to a mandatory increase in the length of any driver’s license penalty, and restrict the ability of the defendant to obtain a conditional license to drive to and from work and school.
In some jurisdictions, it may also have a serious impact on the availability of a plea to a lesser charge, depending on the policies of the local district attorney’s office prosecuting the case.
Whether it occurred in New York State or outside of it, a prior drunk driving offense can have a severe impact on a later arrest for DWI.
We are experienced DWI lawyers who can help you understand the implications of a drunk driving charge. Call us for legal help at 585-484-7432.