A Rochester driver who is arrested for drinking and driving and has been previously convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated within the past ten years will almost always find the current charge raised to a felony offense.
A felony DWI conviction carries greater penalties, such as a higher fine and increased potential jail time.
Because the prior drinking and driving conviction is a necessary element of the felony charge, the prosecution must prove at trial that the prior conviction occurred.
This requirement initially created something of a dilemma for New York courts because, in many cases, evidence of prior convictions is not admissible during trial due to concerns that it will taint the jury against the defendant.
As a result, while evidence of the prior conviction must be presented at a felony DWI trial, the court will usually limit what information may be presented.
Proof of the prior DWI conviction frequently takes the form of official documentation stating that the defendant had previously been convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated, along with the date and location of the conviction.
The documentation must also clearly establish that the defendant is the same person by providing additional connecting information such as a date of birth.
In cases where the prosecution appears to have proper proof of a prior conviction, an experienced DWI lawyer may recommend that the defendant concede the prior conviction to minimize the impact of exposing a prior offense to the jury.
Felony drinking and driving charges carry serious consequences.
If you have been arrested for DWI and need help, call us at 585-484-7432.