Rochester Criminal Defense Lawyer
Aggressive DWI Defense Act Quickly to Protect Your Rights & Driving Privileges.

DWI FAQs


Question: What is DWI?

A:The acronym DWI stands for “driving while intoxicated.” DWI charges can apply to alcohol and recreational drugs, as well as well as prescription drugs that impair your abilities. DWI is a serious offense that can jeopardize your future aspirations and ruin your reputation. In the state of New York, a person can be charged with DWI if they are caught driving with a BAC level of 0.08%. There is also a zero-tolerance law in effect for drivers under the age of 21 who are found to have BAC of 0.02%.

Question: What is a DWI/DUI checkpoint?

A: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.

Question: Can I refuse a chemical test?

A: YES! – You can choose to refuse a chemical test. The upside is that you are limiting the evidence against you. Without a breath test result, it may be very 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’s Refusal Hearing, and a DMV Drivers Penalty of $750.00 can be asses against you before you reinstate your license when you are eligible to do so again.

Question: What happens if I'm arrested for DWI?

A: 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
Question: What are the common penalties for DWI?

A: 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
Question: Is a DWI charge a misdemeanor or felony?

A: How your charge is treated 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
Question: Will I have a criminal record if I am charged with DWI?

A: 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 attorney about how to expunge your criminal record and restore your reputation.

Speak to a Rochester DWI Lawyer Today

As a criminal defense lawyer with 20 years of experience, I have the skills and resources that you need to fight your DWI charges and defend your legal rights. As a former prosecutor, I understand how important it is to aggressively defend my clients’ future, which is why I take on all DWI cases, no matter how complex they might be.

Call (585) 928-4193 to set up your free initial consultation today.

Why You Should Hire Us

Experience the Christopher K. Rodeman Difference
  • Free Initial Consultations

    You will receive one-on-one assistance, knowledgeable counsel, and even 24/7 emergency availability.

  • Payment Plans for Clients

    We can offer affordable solutions to accommodate any obstacle, in and out of the courtroom.

  • Flat-Rate Fees for DWI Cases

    The moment you are arrested or charged with a DWI offense, it is imperative that you immediately retain the assistance of a dedicated attorney.

  • 20 Years of Experience

    Mr. Rodeman is a former Special Assistant District Attorney and Supervisor for the Monroe County District Attorney’s Office.