A Buffalo driver arrested for Driving While Intoxicated Per Se as a class D Felony faces a very serious criminal charge.
A defendant convicted of this offense not only will have a permanent criminal record, but also faces very high fines and the possibility of extensive jail time.
While a first time DWI offender faces the possibility of up to one year in jail, a defendant convicted of Driving While Intoxicated Per Se as a class D Felony may be sentenced to imprisonment in a New York State prison for up to seven years.
If the Court determines that a jail sentence is not necessary, it may impose up to five years of probation as an alternative. A sentence of incarceration followed by probation is also possible.
For many repeat offenders, at least a short jail term may be mandatory because of the proximity in time of the prior offenses.
In addition to or in place of incarceration, the Court may impose a fine of between $2,000 and $10,000.
There are also additional financial penalties aside from this fine.
These include a mandatory $520 surcharge and a Driver Responsibility Assessment of $250 per year for three years payable to the DMV.
It is also mandatory that the New York State driver’s license of the defendant be revoked for at least one year.
If one of the two underlying convictions was for Aggravated Driving While Intoxicated, this minimum period of revocation rises to eighteen months.
Moreover, because of the proximity in time of the earlier convictions, a person convicted of Driving While Intoxicated Per Se as a class D Felony rarely is eligible for a conditional license, meaning he or she will be completely barred from driving.
A person with prior convictions who is arrested for DWI faces severe penalties.
If you have been arrested for DWI, we can help you at 716-542-5444.