Felony Driving While Ability Impaired by Alcohol and Drugs is a very serious criminal offense that requires the help of an experienced Rochester criminal defense lawyer.
It is a class E felony, which will result in a permanent criminal record and severe penalties if convicted.
A driver convicted of Felony Driving While Ability Impaired by Alcohol and Drugs may be sentenced to imprisonment in a New York State prison for up to 4 years.
As an alternative to jail, the court may impose a sentence of up to five years of probation. The court is also permitted to impose a sentence of jail followed by probation.
If the conviction that led to the charge being elevated to a felony occurred within five years of the current charge, a short period of incarceration is mandatory.
Aside from jail or probation, there also may be a fine of between $1,000 and $5,000.
In addition to the fine, there will be a mandatory surcharge of $520, a Driver Responsibility Assessment payable to the Department of Motor Vehicles of $250 per year for three years, and various fees related to the loss and reissuance of the driver’s license.
The defendant’s license will be revoked for at least one year. If the prior conviction that led to the charge being raised to a felony was for Aggravated Driving While Intoxicated, the minimum revocation period increases to eighteen months.
Because of the proximity in time between the prior offense and the current offense, many repeat offenders are not eligible for a conditional license that would allow them to drive for work or school.
New York’s drug and alcohol related driving offenses have serious penalties.
If you need an experienced DWI lawyer, call us at 585-484-7432.