A repeat drinking and driving offender faces serious legal consequences and requires the help of an experienced Rochester DWI lawyer.
Most drivers are aware that a second arrest for Driving While Intoxicated may lead to a felony charge.
They may not be aware, however, that there are different classes of felonies with different penalties.
A driver arrested for Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater or Aggravated Driving While Intoxicated per se who has a prior conviction for one of these same offenses in the past ten years will be charged with a class E felony.
The potential penalties for DWI as a class E felony include a fine of between $1,000 and $5,000, a sentence of incarceration of up to four years, and a driver’s license revocation of at least one year.
If either the current or the prior conviction is for Aggravated Driving While Intoxicated, the minimum period of the driver’s license revocation is raised to eighteen months.
A class D felony will be charged when a driver is arrested for Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater or Aggravated Driving While Intoxicated per se and has two or more prior convictions for any of these offenses in the past ten years.
DWI as a class D felony carries more serious penalties.
These include a potential fine of between $2,000 and $10,000 and a possible sentence of incarceration of up to seven years.
While the mandatory period of driver’s license revocation remains the same, the regulations of the DMV may require an additional period of revocation based on these multiple prior drinking and driving convictions.
Because of the serious penalties associated with multiple arrests for drinking and driving, anyone in this situation should consult with an experienced DWI lawyer for advice on how to proceed.
We can be reached at 585-484-7432 for a legal consultation.
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