Category Archives: DWI-DUI Arrests

Can Someone Who Is Self-Employed Drive A Business Vehicle Without An Ignition Interlock In Rochester?

All Rochester drivers convicted of either Driving While Intoxicated, Driving with a Blood Alcohol Content of 0.08% or Greater, or Aggravated Driving While Intoxicated are required to have an ignition interlock device installed on any vehicle owned or operated by that driver. This device will shut the car off if it detects alcohol on the […]

Does A Defendant Have To Appear At A DWI Refusal Hearing In Rochester?

A Rochester driver who is stopped for drinking and driving and refuses to take a breath test faces serious penalties. To discourage suspected drunk drivers from refusing to take the breath test, New York State imposes additional driver’s license penalties and fines on individuals who refuse the test. These additional penalties may apply even if […]

If A Defendant Pleads Guilty To DWI In Rochester, Does He Have To Say Anything In Court?

Not all Rochester area drinking and driving cases are resolved by going to trial. In fact, it is fairly common for a defendant to plead guilty to a DWI charge or to a lesser offense such as Driving While Ability Impaired by Alcohol following plea negotiations with the prosecutor. While the decision to plead guilty […]

In Rochester, Can An Employee Convicted Of DWI Still Drive For Work Without An Ignition Interlock Device?

Any Rochester driver convicted of either Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated will be required to have an ignition interlock device installed on any vehicle he or she owns or operates. The ignition interlock device checks the driver’s breath for any alcohol and […]

Are There Different Penalties For Someone Convicted Of Driving While Ability Impaired by Alcohol A Second Time In Rochester?

Any driver arrested a second time for having violated New York’s drinking and driving laws needs the help of an experienced Rochester DWI lawyer. Almost all repeat offenders face increased maximum penalties if convicted of another drinking and driving offense. For the offense of Driving While Ability Impaired by Alcohol, however, the law surrounding these […]

Can Someone Appealing A Rochester DWI Conviction Be Required To Serve His Or Her Sentence?

When a driver is convicted of a drinking and driving offense in a Rochester area court, he or she has a right to appeal the conviction, the sentence, or both. Because it takes some time before the appeal will be heard by a higher court, a DWI defendant will have begun serving his or her […]

Can A Rochester DWI Defendant Without A Car Be Required To Install An Ignition Interlock Device?

Any Rochester driver convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated will be required to have an ignition interlock device installed before being allowed to operate a motor vehicle. The ignition interlock device checks the driver’s breath for alcohol prior to the car […]

To Convict Someone Of Felony DWI, What Must Be Presented Regarding The Prior DWI Offense In Rochester?

A driver facing a felony level drinking and driving charge faces serious consequences and needs the help of an experienced Rochester DWI lawyer. Most felony drinking and driving charges require proof that the driver was previously convicted within the past ten years of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or […]

Why Would a DWI Defendant Have To Meet With a Probation Officer Before Sentencing In Rochester?

When a driver is convicted of a drinking and driving offense, many Rochester area courts find it helpful to have background information regarding the defendant prior to determining an appropriate sentence. Obtaining this information may include obtaining a Pre-Sentence Report for the judge to review prior to sentencing. This report is usually prepared by a […]

Can The Court Require Someone Convicted Of DWI To Attend Alcoholics Anonymous?

When a Rochester driver is convicted of a drinking and driving offense, there are certain areas – including participation in alcohol treatment programs – where the court sentencing the defendant has broad discretion to impose whatever sentence it deems appropriate. This includes the requirement that the defendant attend a certain number of meetings with Alcoholics […]