Just as New York’s drinking and driving laws forbid Driving While Intoxicated but do not define the term “intoxicated,” they also forbid Driving While Ability Impaired By Alcohol but offer no definition of what it means to be “impaired by alcohol.”

As a result, it helps to have an experienced Rochester DWI lawyer who understands the difference between these two charges.

While there are no statutory definitions of the terms intoxicated and impaired, New York has made Driving While Intoxicated a misdemeanor for first time offenders, while Driving While Ability Impaired by Alcohol is only a traffic infraction.

Using this as a guideline, the New York courts have generally determined that a driver is “impaired” by alcohol when, by voluntarily consuming alcohol, he or she has actually impaired, to any extent, the physical and mental abilities needed to operate a vehicle as a reasonable and prudent driver.

This is a much lower standard than that required to prove that a driver was intoxicated, which requires proof that the driver was incapable of using the physical and mental abilities needed to operate a vehicle as a reasonable and prudent driver.

Although a first time offender under the influence of alcohol must be “intoxicated” to be convicted of a misdemeanor offense, the law does not require proof of intoxication when driving under the influence of other substances.

Instead, when drugs or a combination of drugs and alcohol are involved, the law only requires proof that the driver was impaired to establish a misdemeanor offense.

As a result, while it is only a traffic infraction to drive while impaired by alcohol, it is a misdemeanor to drive while impaired by drugs or by the combined influence of alcohol and drugs.

It is important for an individual arrested for driving while intoxicated to have a DWI lawyer who understands the nuances of the charges against the driver.

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