A first time offender charged with common law Driving While Intoxicated faces an unclassified misdemeanor.
A misdemeanor is considered a crime in New York State, and a conviction will result in a criminal record.
A Rochester driver convicted of this crime also faces several other serious penalties.
For a first time offender, the maximum possible jail sentence is one year.
As an alternative to jail, the court may impose a sentence of probation of up to three years.
If the court decides on a jail sentence of 60 days or less, it may impose a sentence of jail following by probation supervision.
Aside from jail or probation, the court is required to impose a fine of between $500 and $1,000.
In addition to the fine, there is also a $400 surcharge, and a $750 “Driver Responsibility Assessment” payable to the Department of Motor Vehicles over a three year period.
There are also penalties related to holding a driver’s license.
The driver’s license of the defendant will be revoked for at least six months.
While first time offenders usually can obtain a conditional license to drive to work or school, there are additional expenses involved in obtaining this license which may amount to hundreds of additional dollars.
If you have been arrested for driving while under the influence and have questions regarding your legal rights, call us at 585-484-7432.