Category Archives: DWI-DUI Arrests

How Does An Out-Of-State Driver Get Back Driving Privileges Following A New York DWI?

When someone whose driver’s license was issued by another state is arrested for drinking and driving in the Rochester area, the repercussions to his or her driving privileges may be very complicated. New York State does not have the authority to suspend or revoke a driver’s license issued by another state following a DWI conviction, […]

What Safety Factors Does The DMV Consider Following A Rochester DWI Conviction?

Even for first time Rochester DWI offenders, the Department of Motor Vehicles will conduct a review of the driver’s record at the conclusion of the mandatory driver’s license revocation period to determine if full driving privileges should be reinstated. For repeat DWI offenders, the regulations of the DMV may require an additional, lengthy period of […]

When Can A Conditional Driver’s License Be Revoked Following A Rochester DWI?

Most Rochester driver’s convicted of an alcohol-related driving offense with no prior alcohol-related convictions will be eligible for a conditional driver’s license. A conditional driver’s license allows the defendant to continue driving for work, school, medical treatment and other necessities during the time period that his or her full driving privileges are suspended or revoked. […]

How Do You Get Your Driver’s License Back After Completing the Drinking Driver Program In Rochester?

Most first time offenders convicted of a drinking and driving offense in the Rochester area may be eligible for the return of a full driver’s license after completing the Drinking Driver Program (DDP). The exact steps that must be taken following completion of the DDP depends on if the drinking and driving offense resulted in […]

Can The DMV Refuse To Return A Driver’s License Based On Lack Of Alcohol Treatment In Rochester?

Many Rochester drivers convicted of DWI will be required to participate in some form of alcohol treatment. This requirement may result from a mandate of the Court as part of the DWI defendant’s sentence or as a result of referral through the Drinking Driver Program. For most first time offenders, failure to comply with the […]

Can The Rochester Court Order Community Service Following A DWI Conviction?

There are a surprising variety of penalties that Rochester area courts may impose on a driver convicted of drinking and driving. In general, a court may require any defendant to perform community service as part of a sentence of probation or a conditional discharge. There are also two specific circumstances set forth in New York […]

What Is A Persistently Dangerous Driver In Rochester?

All Rochester drivers convicted of drinking and driving face the suspension or revocation of their driver’s license. When a driver with alcohol or drug-related driving convictions is found to be a “persistently dangerous driver” by the Department of Motor Vehicles, he or she may never be allowed to possess a New York State driver’s license […]

How Do You Get A Commercial Driver’s License Back Following A Revocation For DWI In Rochester?

Rochester drivers who rely upon a Commercial Driver’s License for their employment should be aware that there are additional driver’s license penalties for CDL holders who are convicted of a drinking and driving offense. Many of these penalties do not require that the driver be arrested while operating a commercial motor vehicle. Instead, the mere […]

What Is The Difference Between A Class E Felony DWI And A Class D Felony DWI In Rochester?

A repeat drinking and driving offender faces serious legal consequences and requires the help of an experienced Rochester DWI lawyer. Most drivers are aware that a second arrest for Driving While Intoxicated may lead to a felony charge. They may not be aware, however, that there are different classes of felonies with different penalties. A […]

What Does The Rochester DMV Consider When Deciding Whether To Return A Driver’s License Following A DWI Conviction?

All experienced Rochester DWI lawyers are familiar with the idea that the prior alcohol or drug related driving convictions may have an impact on the duration of the revocation period of a defendant’s driver’s license. Whether full driving privileges are actually restored following the required revocation period, however, is at the discretion of the Department […]