Rochester NY DWI Defense Lawyer

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:

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 revoked license

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

• DWI – 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.