DWI
Rochester DWI Lawyers
Results-Driven DUI Attorneys Serving Monroe County
Whether this is your first offense or you have been through the process before, if you have been charged with a DWI, you need to hire a lawyer immediately. At the very least, your driving privileges are at stake. Experienced legal counsel may be able to save all or part of those privileges, as well as prevent you from having a criminal record.
DWI prosecutions and the law they utilize are different from other types of criminal law. You need lawyers who are experienced in the law and procedure of DWI prosecutions. Having tried hundreds of DWI cases in town and county courts, they have extensive experience with the laws and procedures of DWI arrest, testing, prosecution, and sentencing.
If you have been arrested for a DWI, contact our DWI lawyer in Rochester, NY at (585) 639-3111 today to schedule a free initial consultation.
Understanding DWI Laws & Penalties in New York
In New York, a person who is at least 21 years old can be charged with driving while intoxicated (DWI) with a blood alcohol content (BAC) of .08 percent or higher or other evidence of intoxication. The BAC limit for commercial drivers is .04 percent, while an underage driver (under 21 years of age) can face criminal charges with a BAC of at least .02 percent.
Because New York law is strict in this area, a DWI arrest in the Rochester area usually means your case will move quickly through local courts such as Rochester City Court or the various Monroe County town and village courts. You may face not only the criminal case but also an administrative review of your driver’s license and possible ignition interlock requirements. Understanding how these parts of the process fit together can help you and your attorney make informed decisions about whether to challenge the stop, negotiate a reduction, or take your case to trial.
The following are the potential DWI penalties in New York:
- First DWI - Punishable by a maximum jail sentence of one year, fines of up to $1,000, and driver’s license revocation for at least six months
- Second DWI within 10 years - Punishable by a prison term of up to four years, fines not exceeding $5,000, and license revocation for at least one year
- Third DWI within 10 years - Punishable by a jail sentence of up to seven years, maximum fine of $10,000, and license revocation for at least one year
In addition to these criminal penalties, a conviction can affect professional licenses, insurance rates, and employment opportunities in Rochester and throughout Monroe County. Many people are surprised to learn that a DWI on their record may appear on background checks for years and can affect applications for jobs, apartments, and certain educational programs. When you meet with a DWI attorney Rochester clients trust, you should discuss both the immediate court consequences and the long-term impact on your future so you understand what is truly at stake.
What To Expect After A DWI Arrest In Rochester
After a DWI arrest, most people are unsure what will happen next or how quickly they need to act. In the Rochester area, your case typically begins with an arraignment in Rochester City Court or another Monroe County court, where the judge will advise you of the charges, address bail, and set future dates. From there, your attorney will start reviewing the complaint, police reports, and any available video to identify legal issues, request evidence from the prosecution, and protect your right to remain silent while the case is pending.
Over the next several weeks, there may be conferences with the District Attorney’s Office to discuss possible reductions, pleas, or treatment-based resolutions, as well as motion practice to challenge the stop, arrest, or testing if the facts support it. You may also face a separate proceeding through the New York State Department of Motor Vehicles regarding your license, especially if there was a chemical test refusal or a high BAC reading. A DWI defense lawyer Rochester residents choose should be prepared to guide you through each of these steps, explain the realistic options at every stage, and help you decide whether to resolve the case or proceed to hearings and trial.
Why Choose Our DWI Lawyers in Rochester, NY
As experienced DWI lawyers, we will give you a reliable and accurate evaluation of your case.
When you work with our firm, you can expect us to:
- Carefully review evidence such as police reports, body camera footage, field sobriety testing, and BAC results to identify weaknesses in the prosecution’s case.
- Communicate with prosecutors in the Monroe County District Attorney’s Office to pursue appropriate charge reductions, alternative dispositions, or treatment-based options when they are available.
- Explain your options at every stage so you understand the differences between pleading guilty, seeking a reduction, or taking your DWI case to trial in a Rochester-area court.
- Prepare yourself personally for court appearances, including how to address the judge, what documents to bring, and what steps you can take outside of court to show that you are taking the situation seriously.
We will present you and your case in the best possible light when requesting a reduction of your charge from the District Attorney's Office.
We will recognize the potential pitfalls of your case and, at the same time, build a strong defense around the weaknesses of the prosecutor’s case.
We will challenge and litigate any issues surrounding illegal police activity and the way evidence was collected against you, including your field sobriety tests, any statements you made, and any BAC tests. It is possible to have these items thrown out, effectively destroying or limiting the prosecution’s case.
We are seasoned trial lawyers, which is crucial if your case must go to trial. We will challenge the prosecution on their knowledge of the Rules of Evidence and New York State Criminal Procedure, requiring them to prove their case beyond a reasonable doubt.
If you plead guilty or are found guilty after a trial, we will work to present you in the best possible light to the judge who will ultimately decide your sentence. There are many ways to show that your DWI was an isolated event, that you take it seriously, and that it will never happen again. Taking these steps is essential to obtaining the lowest and least restrictive sentence possible.
Lastly, whether your DWI arrest was the result of an isolated instance of bad judgment or an indication of a more serious alcohol or drug addiction, we can provide you with recommended resources for rehabilitation, counseling, or other services.
When you sit down with our team, we will talk through where you were stopped, which Monroe County or surrounding court is handling your case, whether you hold a commercial license, and what your goals are for work, family, and your record. A DWI defense attorney Rochester drivers turn to should be ready to examine police reports, body camera footage, breath or blood test records, and your personal history to develop a plan that fits your specific situation rather than forcing you into a one-size-fits-all approach.
If you are charged with a DWI or any other crime, the lawyer you choose is the most important decision you will make. It can dictate how your case is handled, whether you are ultimately convicted, what punishment you receive, your future ability to obtain employment, and even your freedom.
If you’ve been arrested for a DWI, schedule your free consultation with our Rochester, NY DWI lawyer today at (585) 639-3111 or book an appointment online now.
Case Victories
Tirelessly Advocating For Our Clients
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Charges Reduced DWAI
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Charges Reduced DWI to DWAI and Full Driving Privilege's
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Charges Reduced Unlawful Speed Contest, 100 in a 35
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Not Guilty DWI
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Not Guilty DWI
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Charges Reduced DWI
Brian DeCarolis
Attorney Profiles