When a Rochester driver is arrested for drinking and driving, how long the prosecution has to bring the case to trial depends on the specific alcohol-related offense charged.

If the highest offense charged is a misdemeanor, the prosecution has ninety days from the commencement the criminal action to declare readiness for trial.

This applies to first time offenders charged with Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, Aggravated Driving While Intoxicated per se, Driving While Ability Impaired by Drugs, or Driving While Ability Impaired by the Combination of Alcohol and Drugs.

In cases where a defendant is charged with one of the above offenses and has previously been convicted of at least one of these offenses within the past ten years, the misdemeanor charge will be increased to a felony.

Aggravated Driving While Intoxicated with a Child 15 Years of Age or Younger is also a felony, even for first time offenders.

When the highest offense charged is a felony, the prosecution has six months from the commencement of criminal action to declare that they are ready for trial.

DWI defendants should be aware that these speedy trial rules only set forth when the prosecution must be ready for trial.

They do not mean that the actual trial must be conducted in this time period.

Also, there are several circumstances that may extend this time limit, including delays caused or agreed to by the defendant, and reasonable delays caused by related court proceedings, such as argument of pre-trial motions.

If you have been arrested for drinking and driving, you need an experienced DWI lawyer who understands the laws surrounding your arrest and prosecution. Call us at 585-484-7432.