The offense of Driving While Ability Impaired by the Combination of Alcohol and Drugs as a Class D Felony carries severe penalties and requires the help of an experienced Rochester criminal defense lawyer.
A driver charged with this offense is faced with the possibility of extensive jail time and extremely high fines.
A defendant convicted of this crime may be incarcerated in a New York State prison for up to seven years.
As an alternative to prison, the Court may impose a sentence of up to five years of probation.
The Court is also authorized to impose a sentence combining jail and probation, so long as the jail sentence is six months or less.
The defendant may also be fined between $2,000 and $10,000.
In addition to the fine, there is a mandatory surcharge of $520 and a Driver Responsibility Assessment of $250 per year for three years, which is payable to the Department of Motor Vehicles.
A convicted driver will also lose his or her driver’s license.
It is mandatory for the defendant’s license to be revoked for at least one year.
If one or both of the two earlier convictions was for Aggravated Driving While Intoxicated, the minimum revocation period is increased to eighteen months.
There will also be additional fees to obtain a full license at the end of the revocation.
Most drivers convicted of this offense are not eligible for a conditional license to drive for work or school because their offense occurred too soon after a prior offense.
If you need an experienced criminal defense lawyer who is familiar with the laws and penalties surrounding drug and alcohol related driving offenses, we can be reached at 585-484-7432.