Category Archives: DWI-DUI Arrests

When Does The Rochester Area Drinking Driver Program Refer Someone For Additional Treatment?

Following a conviction for drinking and driving in the Rochester area, a driver may be required to attend the Drinking Driver Program (DDP) by the court. For defendants who are eligible to obtain a conditional driver’s license following a DWI conviction, attendance at the DDP is mandatory before the DMV will issue the conditional license. […]

When Is Someone Attending the Rochester Area Drinking Driver Program Not Eligible For A Conditional Driver’s License?

Even for experienced Rochester DWI lawyers, it can be difficult to recall all of the circumstances under which a driver convicted of drinking and driving may – or may not – be eligible for a conditional driver’s license. Generally, a driver who has no prior drunk driving convictions within the past five years is eligible […]

When Can A Conditional Driver’s License Be Revoked In The Rochester Area?

Most Rochester residents convicted of drinking and driving are eligible for a conditional driver’s license. A conditional driver’s license allows the convicted defendant to continue to drive for work, school, medical care and other necessities until his or her full driving privileges are restored. Even if a conditional license is issued to the driver, however, […]

In The Rochester Area, What Is Considered A “Dangerous Repeat Alcohol Or Drug Offender”?

Whether a Rochester driver will be re-issued a New York State driver’s license following a drinking and driving conviction is a decision that is largely in the hands of the Department of Motor Vehicles. When a driver’s license is revoked for drinking and driving, the DMV will conduct a review of the defendant’s driving history. […]

What Types Of Drugs Support A Charge Of Driving While Ability Impaired By Drugs In The Rochester Area?

When a driver is arrested for violating New York State’s laws regarding driving while under the influence of drugs, it helps to have an experienced Rochester DWI lawyer who understands what is needed to support the charge against the defendant. New York has two impaired driving offenses that involve the use of drugs: Driving While […]

Does A Prior Violation Of The Zero Tolerance Law Affect Someone Later Arrested As An Adult In The Rochester Area?

When a Rochester driver under the age of 21 is stopped and found to have a blood alcohol content of at least .02% but less than .07%, he or she may be found in violation of New York’s Zero Tolerance Law. Zero Tolerance Law violations are handled at a hearing before a judge appointed by […]

Is A Breath Test Score Required In The Rochester Area To Prove Driving While Ability Impaired By Alcohol?

The offense of Driving While Ability Impaired by Alcohol (DWAI) is a traffic infraction that bars the operation of a motor vehicle when a driver’s physical or mental ability to do so is impaired by alcohol. A Rochester driver charged with DWAI faces suspension of his or her driver’s license, a fine, and possible jail […]

How Do You Enroll In The Drinking Driver Program Following A Rochester Area DWI Conviction?

Most first time offenders convicted of drinking and driving in the Rochester area are eligible to enroll in the Drinking Driver Program (DDP) and obtain a conditional driver’s license to drive for work, school, medical care and certain other essential activities. To obtain a conditional driver’s license, a defendant must enroll in the DDP. Whether […]

Is There Any Way To Keep Driving If You Refused The Breath Test In A Rochester Area DWI Case?

When a defendant in a Rochester DWI case refuses to take the breath test, the Department of Motor Vehicles will – in almost all cases – revoke the driver’s license of the defendant. This revocation will take place at a hearing conducted by an Administrative Law Judge appointed by the DMV. Under New York State […]

Is There Any Way A Rochester Area DWI Blood Sample Could Have Been Contaminated In The Test Tube?

When a Rochester driver suspected of driving with a blood alcohol content of .08% or greater is required to submit to a blood test, the blood sample usually is placed in a sealed test tube that is later submitted to a lab for testing. While the sealing of the tube may help prevent deliberate tampering […]