A conviction for drinking and driving will result in the suspension or revocation of the driver’s license.
When a Buffalo resident continues to drive after such a conviction – or after a revocation or suspension imposed for having refused the breath, having violated the Zero Tolerance law for under 21 drivers, or pending the prosecution of a drinking and driving offense – he or she may be charged with Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree.
If the driver is under the influence of alcohol or drugs when stopped, the charge will be elevated to Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree, which is a felony offense.
Under New York law, a driver stopped for Aggravated Unlicensed Operation of any degree may not be offered a plea to a non-Aggravated Unlicensed Operation charge.
As a result, the lowest level of offense that a driver may be offered a plea to is Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree.
Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree is a misdemeanor – which is a crime – and carries a penalty of up to 30 days in jail and a fine of between $200 and $500.
The defendant will only be allowed to plead guilty to a non-Aggravated Unlicensed Operation charge if the prosecutor reviews the file and determines that there is simply not enough evidence to support that a violation of Aggravated Unlicensed Operation of a Motor Vehicle of any degree actually occurred.
If you have been arrested for DWI, you need to understand the potential repercussions to your driver’s license.
Call us at 716-542-5444 if you would like to discuss your case.
