Rochester, New York DWI / DWAI Criminal Defense Lawyer

What happens if I was arrested for DWI / DWAI in Rochester?

Under New York law, when you have been cited for violating the DWI statute, the state imposes penalties based on your BAC level. New York uses a 2-tier system to impose DWI charges upon an offender:

1. Driving While Ability Impaired (DWAI): BAC between 0.05% and 0.08%
2. Driving While Intoxicated: BAC of 0.08% or greater

If you are charged with DWI / DWAI in New York, it is a serious offense that can have serious repercussions, including loss of driving privileges, jail time, and monetary fines. It is crucial that anyone facing an DWI / DWAI (DWI) charge understand what challenges they will encounter. Seeking the advice of an aggressive and skilled DWI / DWAI defense lawyer will help you understand all of your rights and options, including any defenses you might use.

DWI / DWAI Penalties for First Time DWAI Offenders Offenders

• Jail Time - A first time DWAI (DWI) offender faces up to 15 days jail time. The court may order alcohol treatment in lieu of jail time.
• Monetary Fines - In Rochester, New York, fines for a first time DWI / DWAI are $300 to $500.
• New York Driving Privileges and DWI / DWAI - In Rochester, New York, a first time DWAI or DWI conviction results in the revocation of driving privileges for 90 days.

Penalties for First Time DWI Offenders

• Monetary Fines - In Rochester, New York, fines for a first time DWI is $500 to $1,000, plus any applicable fees.
• Breath Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 1 year and a fine of $500.00. Pursuant to New York law, after refusal to submit to a chemical test, an individual has 15 days to request a hearing from the New York Department Motor Vehicles. If you fail to request a hearing within 15 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Motor Vehicles within 15 days.
• New York Driving Privileges and DWI / DWAI - In Rochester, New York, a first time DWI conviction results in the revocation of driving privileges in New York for a minimum of six months.
• Jail Time - A first time DWAI (DWI) offender faces up to 1 year jail time.
• Commercial Drivers - Commercial drivers are in violation of the DWI / DWAI statute with a blood alcohol content (BAC) of 0.04. A first time DWAI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DWI / DWAI offenses will result in a lifetime loss of the commercial license in New York.

DWI / DWAI Subsequent Offenses

Penalties are increasingly more severe for any additional DWI / DWAI violations. Due to the complexity of DWI / DWAI laws in New York, you may not be aware of rights and options. This is why an assertive and experienced criminal defense lawyer can guide you through this emotionally challenging process. Please contact a New York DWAI (DWI) criminal defense lawyer for a professional and free consultation.