A Rochester driver convicted of Aggravated Driving While Intoxicated Per Se as a Class D Felony faces very serious criminal penalties.
This is a criminal drunk driving offense that will result in a permanent criminal record, possible jail time and very high fines.
If convicted of this charge, a defendant may be incarcerated for up to seven years. As an alternative to jail, the Court may impose up to five years of probation.
The Court also may impose a sentence combining incarceration and probation. In many cases, the close proximity in time of the current and prior charges will result in at least a short period of mandatory incarceration.
In addition to or in place of incarceration, the Court may impose a fine of between $2,000 and $10,000. On top of any fine, there will be a mandatory surcharge of $520 and will require a Driver Responsibility Assessment of $250 per year for three years.
The driver’s license of any defendant convicted of this crime will be revoked for at least eighteen months.
In most cases, a driver convicted of this offense will not be eligible for a conditional license because of the close proximity between the conviction and the underlying prior charges.
If a driver charged with DWI is eligible for a conditional license, there are additional fees associated with obtaining the conditional license and applying for a full license at the end of the revocation.
Aggravated Driving While Intoxicated per se as a Class D Felony has very severe penalties.
If you need a lawyer experienced in defending DWI cases, call us at 585-484-7432.