Potential Consequences of a DWI Conviction in Rochester, New York
Driving with a
blood alcohol concentration (BAC) of .08 or more is illegal, and the results could place you under arrest.
If law enforcement catches you operating a vehicle with a BAC of .18 or
higher, you could face an aggravated criminal charge, penalized by harsher
How To Get a DWI Dismissed in NY?
Having a DWI dismissed in NY is determined that the officer did not have
reasonable cause for pulling the vehicle over.
For example, suppose an officer stops a car traveling on a public highway.
In that situation, they can only do so if they have a reasonable cause
that the driver has committed a vehicle and traffic law violation.
Being found guilty of being intoxicated in your vehicle 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 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.
What Are the Charges for DWI in NY?
According to the New York state law, the city of Rochester recognizes several
types of charges for driving while under the influence. However, it also
considers several factors when determining DWI penalties.
Significantly, the driver's age at the time of the offense and a first
or second offender is considered heavily in sentencing.
While each arrest is different, the following penalties could be brought
if you are found guilty:
- 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 checkpoint?
Sometimes called a sobriety checkpoint, driving checkpoints are designated
locations where Rochester law enforcement officers stop and check drivers
to determine if they are under the
influence of alcohol or drugs.
Learn more information about field sobriety tests.
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. It may be difficult for
the prosecution to convict you without a breath test result.
However, choosing to refuse a chemical test or breathalyzer can result
in your license being revoked for one 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 driving while intoxicated?
The exact legal process you face will vary depending on your particular
In general, you can expect the following things after an officer has pulled
you over and determined you’ve been operating your vehicle under
- 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 in Rochester, New York?
Common penalties include:
- Expensive fines
- Your conviction remains on your driving record for a specified period
- 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 circumstances.
Generally, a 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
Driving while/under intoxicated is treated as
felonies tend to involve
- Minor passengers in the vehicle
- Previous DWI convictions – within ten years
- Driving with a suspended or revoked license
Learn more about felony DWI information.
Will I have a criminal record if I am charged with DWI?
The short answer is yes. You will have a record if you are charged for
driving while/under intoxicated. Driving while intoxicated is a criminal
offense, and therefore, will go on your record.
However, depending on the circumstances of your case, you might be eligible
to have your charge expunged from your record.
Suppose you have been charged with driving while/under intoxicated. In
that matter, you should speak with an experienced
lawyer in Rochester, New York, about how to expunge your record and restore your reputation.
Get Out of Jail
For most individuals charged with driving while intoxicated as first-time
offenders, they will be issued an appearance ticket to appear in court
at a later date for arraignment.
It is crucial to have a qualified DWI lawyer with you at the arraignment
date 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 a lawyer.
At the end of your arraignment in court, the judge can set bail, a deposit
designed to secure your presence in court at future appearances. That
deposit is generally returned to you after your circumstance is resolved.
first-time offender, bail is usually set between $500 and $1,000, though it generally depends
on the specifics of your circumstance.
If you cannot 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.
Is It Worth Fighting a DWI?
The short answer is yes. It is always worth getting a lawyer for DWI to
help get your charges dropped and win in court. A driver surely should
hire the best affordable lawyer in our location to establish a strong
testimony and prevent your suspension in time.
Many individuals submit themselves to defeat after being arrested for driving
But remember, you can fight these charges.
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, hiring a qualified lawyer who has extensive
experience and a track record of success is imperative.
If you plead guilty to your charges, you will, of course, be convicted
of these charges and face the penalties.
Even if your attorney cannot win your case, they 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 Consultations.
Recognizing that every situation 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
charges 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
Is It Worth Getting a Lawyer for a DUI?
As stated above, if you have serious charges set against you where there
is a real chance you could be serving time in prison, then it is always
highly recommended that you receive quality legal representation from
lawyers who are very skilled at dealing with traffic law.
A lawyer's familiarity with local practices, the district lawyer, and the
judge can also assist with these kinds of negotiations.
Want immediate answers to your questions or concerns? Call our law firm at
(585) 928-4193 today.