Daily Archives: January 8, 2015

What Happens If A Rochester Area DWI Defendant Refuses The Breath Test And The Hearing Is Postponed?

When a Rochester driver is stopped for drinking and driving and refuses to submit to a breath test, his or her driver’s license will be suspended at arraignment, which is usually the first court appearance. The matter of refusing the breath test is then turned over to the Department of Motor Vehicles, which will hold […]

If The Rochester Area DMV Revoked Your Driver’s License For Refusing The Breath Test, Can You Appeal It?

When a Rochester driver is stopped for DWI and refuses to take the breath test, a hearing will be held before an Administrative Law Judge (ALJ) appointed by the Department of Motor Vehicles to determine whether that driver’s license should be revoked. For a first time offender, a finding by the ALJ that a driver […]

What Does It Mean To Be Legally “Impaired” By Alcohol In The Rochester Area?

Just as New York’s drinking and driving laws forbid Driving While Intoxicated but do not define the term “intoxicated,” they also forbid Driving While Ability Impaired By Alcohol but offer no definition of what it means to be “impaired by alcohol.” As a result, it helps to have an experienced Rochester DWI lawyer who understands […]

What Does It Mean To Be Legally “Intoxicated” By Alcohol In The Rochester Area?

New York State law has a number of different alcohol and drug related driving offenses. Which of these offenses applies in a given case depends on factors such as the condition of the driver, the type of vehicle driven, and whether drugs, alcohol or both are involved. As experienced Rochester DWI lawyers, we understand the […]