Potential Consequences of a DWI Conviction
In New York, driving with a blood alcohol concentration (BAC) of .08 or more is illegal and could result in a DWI/DUI arrest. Additionally,
if you are caught operating a vehicle with a BAC of .18 or higher, you
could face an aggravated DWI charge, which is penalized by harsher punishments.
Being found guilty of a DWI/DUI could result in jail time, fines, and a
driver’s license revocation, which could affect your finances, relationships,
and ability to take care of everyday tasks. Also, the conviction information
may show up on your criminal record, making it difficult to find employment.
I understand the life-changing consequences of a conviction, and I am committed
to providing the dedicated representation you need to defend your case.
While each arrest is different, the following penalties could be brought
if you are found guilty of DWI:
- Up to 1 year of jail time
- Fines between $500 and $1,000
- Minimum license suspension of 6 months
- Up to 4 years of jail time
- Fines between $1,000 and $5,000
- Minimum license suspension of 1 year
- Up to 7 years of jail time
- Fines between $2,000 and $10,000
- Minimum license suspension of 1 year
Other Possible Penalties
- Increased insurance premiums
- Completion of Alcohol education courses
- Installation of Ignition Interlock Device (IID) at your expense
Frequently Asked Questions
What is a DWI/DUI checkpoint?
Sometimes called a sobriety checkpoint, a DUI checkpoint is a designated
location where law enforcement officers stop and check drivers to determine
if they are under the influence of alcohol or drugs.
Can I refuse a chemical test?
Yes, you can choose to refuse a chemical test. The upside of refusal is
that you are limiting the evidence against you. Without a breath test
result, it may be difficult for the prosecution to convict you of driving
while intoxicated. However, choosing to refuse a chemical test or breathalyzer
can result in your license being revoked for 1 year if deemed a “proper
refusal” after a Department of Motor Vehicle refusal hearing. You
may be required to pay a DMV driver’s penalty fee of $750.00 before
you reinstate your license when you are eligible.
What happens if I’m arrested for DWI?
The exact legal process you face will vary depending on your particular
situation. In general, you can expect the following things after an officer
has pulled you over and determined you’ve been operating your vehicle
under the influence:
- Your vehicle can be impounded
- You will be taken into custody and booked for driving while intoxicated
- You might have to pay bail before being released
- Your license will be temporarily suspended
- You will have to appear in court on numerous occasions.
- You may have to take your matter to Trial
What are the common penalties for DWI?
Common DWI penalties include:
- Expensive fines
- Your conviction remains on your driving record for a specified period of time
- Mandatory installation of an ignition interlock device in your vehicle
- Mandatory enrollment in and attendance of an alcohol or drug counseling program
- Time in jail – up to 1 year for a misdemeanor and punishable by State
Prison for a Felony
Is a DWI charge a misdemeanor or felony?
Your DWI charge will depend on the specific details of your case. Generally,
a DWI conviction will be a misdemeanor when:
- Your BAC wasn’t too far over the legal limit
- No one was injured or died due to your DWI charge
- You don't have any previous convictions on your record
DWIs that are treated as
felonies tend to involve
- Minor passengers in the vehicle
- Previous DWI convictions – within 10 years
Driving with a suspended or
Will I have a criminal record if I am charged with DWI?
The short answer is yes, you will have a criminal record if you are charged
for DWI. Driving while intoxicated is a criminal offense, and therefore,
will go on your criminal record. However, depending on the circumstances
of your case, you might be eligible to have your charge expunged from
your record. If you have been charged with DWI, you should speak with
an experienced Rochester DWI attorney about how to expunge your criminal
record and restore your reputation.
Getting Out of Jail for a Rochester DWI
For most individuals charged with DWI as a first-time offender, they will
be issued an appearance ticket to appear in court at a later date for
arraignment. It is important to have a qualified Rochester DWI defense
attorney with you at the arraignment date in order to protect your rights
and preserve your driving privileges. For other individuals with more
aggravating circumstances, such as an accident with injuries, you will
likely be arraigned without an attorney.
At the end of your arraignment in court, the judge can set bail, which
is a deposit that is designed to secure your presence in court at future
appearances. That deposit is generally returned to you after your case
is resolved. For a first-time DWI offender, bail is usually set between
$500 and $1,000, though it generally depends on the specifics of your
case. If you are unable to afford bail, you can get a bail bond. The bondsman
will loan you the amount you need in exchange for about 10% of the loan.
Fighting a DWI Charge in Rochester
Many individuals submit themselves to defeat after being arrested for a
DWI. But remember, you can fight these charges. In fact, it is common
for individuals to challenge a DWI and win for various reasons, whether
there was an issue with testing or your results were compromised in some
other way. That said, this is not a step you can take on your own. To
effectively fight DWI charges, it is imperative to hire a qualified DWI
defense attorney who has extensive experience and a track record of success.
If you plead guilty to your DWI charges, you will, of course, be convicted
of these charges and face the penalties. Even if your Rochester DWI attorney
cannot win your case, he or she can still stand a good chance of substantially
reducing the penalties, so you can move forward with your life and leave
this incident in the past where it belongs.
Flat-Fee Payment Options. Free Case Consultations.
Recognizing that every case is unique, I will work closely with you to
understand your particular circumstances and develop a legal strategy
to fight your charges. I will examine every detail of your situation,
including reviewing reports, records, statements, and other evidence –
to challenge the prosecutor’s case against you. I have successfully
obtained favorable outcomes for past clients, such as those mentioned
below, and I am prepared to do the same for you.
Click to View My Past Case Results
Dismissed without Trial
DWI with .16 BAC and Failed Sobriety Test –
Reduced to Traffic Infraction
DWI with Speeding and Evading Police –
Reduced to Traffic Infraction
Should I Hire A DUI Lawyer?
DUI is a severe offense that might affect your future and employment. DUI
and DWI laws are complicated, constantly altering, and the facts of every
case are unique. So, getting the viewpoint of a knowledgeable DUI attorney
can be important. An attorney's familiarity with local practices, the
district attorney, and the judge can also assist with these kinds of negotiations.
Want immediate answers to your questions or concerns?
Call our Rochester DWI attorney at
(585) 928-4193 today.