It is not illegal to drive after having consumed alcohol. It is illegal to drive when alcohol is impacting your ability to drive in a reasonable and prudent manner. Because of this, many people in the Rochester area will attempt to pace or limit their alcohol consumption before driving. Unfortunately, there is no absolute rule […]
Category Archives: DWI-DUI Arrests
Infrared breath testing is the type of breath testing most commonly used in the Rochester area. Over the past fifteen years, all law enforcement agencies in the area have discontinued the use of older style breath test machines – which used a chemical process – in favor of machines that rely on infrared technology. All […]
Operating a boat on the waterways surrounding Rochester while under the influence of alcohol can have serious consequences. A boater who is involved in an accident or stopped for violating any of the regulations surrounding operation of a vessel is required to submit to a test of his or her breath, blood, saliva or urine […]
When a Rochester resident is stopped for drinking and driving, the police officer will commonly ask the driver to perform several field sobriety tests – such as walking a straight line or counting backwards. There are a number of different tests that law enforcement officers may use, some of which are of very questionable value […]
It is standard procedure in Rochester DWI cases for the arresting officer to request that the driver submit to a breath test. A breath test that results in a finding that the defendant’s blood alcohol content is .08% or greater is considered strong evidence that the defendant is intoxicated and can be very damaging to […]
Most Rochester drivers are probably aware that refusing to take the breath test after being stopped for drinking and driving will result in the driver losing his or her driver’s license. Many people, however, do not know their rights if a police officer asks them to perform field sobriety tests – such as reciting the […]
New York State law has several variations on its standard Driving While Intoxicated charge which may result in increased penalties under certain circumstances. If arrested for drinking and driving, it helps to have an experienced Rochester DWI lawyer who understands the nuances of these different charges. Aggravated DWI and Felony DWI are both more serious […]
A Rochester snowmobiler who is operating under the influence of alcohol may face serious charges. When a snowmobiler is involved in an accident or is stopped for violating any of the regulations surrounding operation of a snowmobile, the Parks, Recreation and Historic Preservation law authorizes a police officer to ask the operator to take a […]
Nearly all DWI arrests in the Rochester area involve a driver operating a motor vehicle on a public highway – a location where New York’s rules of the road would clearly apply. When a driver is accused of drinking and driving when not on a public highway, however, whether New York’s DWI laws apply depends […]
Nearly every Rochester driver stopped on suspicion of DWI will be asked to submit to a breath test to determine his or her blood alcohol content. If a driver does not submit to the breath test, he or she will face penalties for refusing the test, even if any drinking and driving charges are ultimately […]