In most cases, A Rochester driver arrested for Driving While Ability Impaired by Alcohol faces a traffic infraction, which is not a criminal offense and carries lesser penalties.
For repeat drinking and driving offenders, however, the charge may be raised to a misdemeanor, which is considered a crime and will result in a criminal record.
Misdemeanor Driving While Ability Impaired by Alcohol carries a maximum possible jail sentence of 180 days. As an alternative to a jail sentence, the Court may impose up to three years of supervision by the probation department.
A sentence combining jail followed by a period of probation is also possible.
In addition to incarceration or probation, the Court also may impose a fine of between $750 and $1,500.
There will also be a mandatory surcharge imposed of $395, and a Driver Responsibility Assessment payable to the Department of Motor Vehicles of $250 per year for three years.
Aside from these court-imposed penalties, the driver’s license of the defendant will be revoked for at least six months.
While first time offenders usually are able to obtain a conditional license to drive for work or school during this revocation period, most individuals convicted of Misdemeanor Driving While Ability Impaired by Alcohol will not meet the criteria for a conditional license and, as a result, will be unable to drive for any purpose.
Misdemeanor Driving While Ability Impaired by Alcohol is a crime which carries serious criminal consequences.
We are experienced DWI defense attorneys and can help you protect your rights.
Call us at 585-484-7432.