Any Rochester driver arrested a second time for drinking and driving may face serious legal consequences. If a prior DWI conviction occurred within ten years of the current conviction, the charge against the defendant may be enhanced from a misdemeanor to a felony. This would result in a potentially greater fine, a lengthier driver’s license […]
Category Archives: DWI-DUI Arrests
Rochester drivers convicted of Driving While Intoxicated are subject to not only the criminal penalties set forth in New York State law, but also to the regulations of the Department of Motor Vehicles (DMV) regarding any driver’s license penalties imposed. The DMV has always had the authority to deny the return of a driver’s license […]
The laws surrounding licensing following a conviction for Driving While Ability Impaired by Drugs are confusing even for experienced Rochester DWI lawyers. This is because the potential driver’s license penalties are set forth not just in the list of penalties for impaired or intoxicated driving, but also in the penalties for controlled substance offenses. In […]
New York State law requires that any Rochester driver asked to take a breath test to determine his or her blood alcohol content be observed for at least 15 minutes prior to the collection of the breath sample. During this period, he or she must not have ingested alcoholic beverages or other fluids, regurgitated, vomited, […]
Nearly all Rochester drivers stopped for drinking and driving will be asked to submit to a breath test to determine their blood alcohol content. Breath test machines have been in use for decades, and the science behind them has evolved during that period. Many modern breath test machines – including most of those in use […]
The science underlying the breath test machine can be complicated, and it helps to have an DWI lawyer who is experienced at challenging the breath test following an arrest for drinking and driving. Henry’s Law, named after chemist William Henry, is an integral part of how the breath test machine functions. The breath test machine […]
New York State law requires every Rochester driver convicted of a felony level drinking and driving offense to provide a DNA sample for inclusion in New York’s DNA Databank. The primary purpose of this databank is for use in future criminal cases where a DNA match may help determine who committed a crime. While DWI […]
The rules surrounding the ignition interlock device can be very complicated, and it helps to have an experienced Rochester DWI lawyer when trying to understand them. New York State requires all drivers convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated to be sentenced […]
The laws surrounding driving under the influence of alcohol or drugs can be complicated even for an experienced Rochester DWI lawyer. New York State has a variety of charges that may be brought against such drivers, with the potential penalties varying based on factors such as prior offenses, the defendant’s blood alcohol content, and whether […]
A Rochester driver who is at least sixteen years old but less than nineteen years old may be adjudicated as a “youthful offender” if convicted of a drinking and driving offense. Youthful offender adjudication is mandatory for first time offenders convicted of a misdemeanor – such as Driving While Intoxicated or Aggravated Driving While Intoxicated […]