A Rochester driver charged with Driving While Ability Impaired by Drugs as a Class D Felony faces very serious criminal penalties. These include a permanent criminal record, the possibility of extensive jail time, and a very high fine.
If convicted of this offense, a driver may be incarcerated in a New York State prison for up to seven years.
If the Court decides a sentence of imprisonment is not necessary, it may impose up to five years of probation.
If the jail sentence is six months or less, the Court may impose a sentence combining incarceration and probation.
Aside from jail, the fine associated with this offense is 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 payable to the Department of Motor Vehicles.
The Court is also required to revoke the driver’s license of the defendant for at least one year.
If at least one of the two earlier convictions was for Aggravated Driving While Intoxicated, the minimum revocation period rises to eighteen months.
While most drivers charged with this offense are not eligible for a conditional license because of their prior convictions, a driver who is eligible will have to pay additional fees to obtain a conditional license.
There are also fees to obtain a full license at the end of the revocation.
These penalties are severe, and a person charged with driving while ability impaired by drugs needs an experienced criminal defense lawyer.
If you need an attorney, we can be reached at 585-484-7432.