While Driving While Ability Impaired by Alcohol is a traffic infraction, Driving While Ability Impaired by Drugs is taken much more seriously.
A Rochester driver convicted of Driving While Ability Impaired by Drugs faces many of the same penalties as a person convicted of Driving While Intoxicated.
For a first time offender, Driving While Ability Impaired by Drugs is an unclassified misdemeanor, and a conviction will result in a criminal record.
It is mandatory under New York State law that the court impose a fine on a person convicted of Driving While Ability Impaired by Drugs.
For a first time offender, this fine will be between $500 and $1,000. There will also be surcharge in the amount of $400 and a $750 “Driver Responsibility Assessment.” The Driver Responsibility Assessment may be paid over a three year period to the Department of Motor Vehicles.
Even more seriously, a first time offender faces a jail sentence of up to one year. Even if the court does not impose a jail sentence, it may sentence the defendant to up to three years of supervision by the probation department.
The court also may impose a sentence of both jail and probation if the length of the jail sentence is 60 days or less.
As with Driving While Intoxicated, a person convicted of this crime will lose his or her driver’s license.
For a first time offender, the length of this revocation will be at least six months.
While it may be possible to obtain a conditional license to drive for work and school during the revocation period, doing so involves fees and expenses amounting to hundreds of additional dollars.
The laws surrounding impaired driving and keeping a defendant driving are complicated and require the help of an experienced criminal defense lawyer. If you need help, call us at 585-484-7432.