Category Archives: DWI-DUI Arrests

How Long After Drinking Alcohol Does It Begin To Affect Your Driving In Rochester?

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 […]

What Is Infrared Breath Testing In A Rochester DWI Case?

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 […]

Does Someone Operating A Boat Have To Take A Breath Test If Asked By The Rochester Police?

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 […]

What Is The Romberg Field Sobriety Test In A Rochester DWI Case?

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 […]

In Rochester, What Is The Blood-Breath Partition Ratio In A DWI Case?

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 […]

What Happens If Someone Refuses To Take The Field Sobriety Tests?

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 […]

What Is The Difference Between Felony DWI And Aggravated DWI In Rochester, NY?

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 […]

What Happens If A Snowmobiler Charged With DWI In Rochester Refuses To Take A Breath Test?

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 […]

Can A Person Be Charged With DWI While On Private Property In Rochester?

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 […]

What Is Implied Consent In A Rochester DWI Case?

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 […]