When a Rochester driver is arrested for Driving While Ability Impaired by Alcohol, he or she will usually be charged with a traffic infraction.

If that driver has previously been convicted two or more times in the past ten years of any alcohol-related or drug-related driving offenses, however, the charge will be raised to a misdemeanor.

Unlike a traffic infraction, and misdemeanor is considered a crime.

It also carries greater penalties, including a longer period without driving privileges, higher fines, and apotentially longer jail sentence.

At trial, the prosecution must prove the same elements for misdemeanor Driving While Ability Impaired by Alcohol as it would prove for the same offense when charged as a traffic infraction.

Because the prior drinking and driving convictions are a necessary element of the misdemeanor charge, however, the prosecution also must prove at trial that these prior convictions occurred.

Without proof of the prior convictions, the defendant cannot be convicted of the misdemeanor level charge.

To prove these prior convictions, the prosecution often submits official documentation into evidence stating the charges of which the defendant was convicted, along with the date and location of the conviction.

The prosecution also must have further connecting evidence establishing that the person listed on the documentation is the defendant – not just a person with the same name.

This further connecting evidence usually involves establishing the same date of birth or home address.

All drinking and driving offenses carry serious consequences, especially for drivers with prior DWI convictions.

If you have been arrested for DWI and need legal help, call us at 585-484-7432.