An experienced Rochester DWI lawyer will closely examine the breath or blood test results when defending against an alcohol-related driving offense. New York laws forbid driving with a blood alcohol content of .08% (or .18%, for the enhanced charge of Aggravated Driving While Intoxicated per se), which requires evidence that the driver’s blood alcohol content […]
Category Archives: DWI-DUI Arrests
A Rochester driver who is arrested for drinking and driving and has been previously convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated within the past ten years will almost always find the current charge raised to a felony offense. A felony DWI conviction […]
In most Rochester area DWI cases, the defendant’s blood alcohol content will be determined using a breath test machine. However, in some cases – usually cases involving motor vehicle accidents or on occasions where a breath test machine is unavailable – the defendant may be asked or required to submit to an actual blood test […]
Some criminal courts in the Rochester area are very busy, and the speed at which cases are processed may be very slow. As with any criminal charge, a person charged with DWI is entitled to a speedy trial, and failure to provide the defendant with a speedy trial may lead to dismissal of the charge. […]
As experienced Rochester DWI lawyers, there are several areas we explore to determine whether the breath test result obtained by law enforcement is accurate and reflects the amount of alcohol actually in a client’s system at the time of arrest. The breath test machine is not a perfect device. While it generally is considered accurate […]
A Rochester driver convicted of Driving While Intoxicated or other alcohol-related offenses faces very serious consequences at sentencing, including loss of driving privileges, substantial fines, and possible jail time. As with any conviction, it may be possible to appeal the DWI conviction, the sentence imposed, or both to a higher court. It is important, however, […]
As experienced Rochester DWI attorneys, we understand that there are many ways a conviction for drinking and driving may impact a client’s life aside from any court-ordered sentence. Driving While Intoxicated is considered a crime in New York State. As a result, it carries many of the same personal and social consequences that other criminal […]
The breath test score is often the most damaging piece of evidence in a Rochester DWI case. To prove a driver is guilty of Driving with a Blood Alcohol Content of .08% or Greater or Aggravated Driving While Intoxicated per se (which requires a score of .18% or greater), the prosecution must be able to […]
Any Rochester driver arrested for Driving While Intoxicated will find that there are many potential penalties following a DWI conviction in addition to the sentence imposed by the court. For individuals who hold a professional license – such as lawyers, accountants and medical providers – such DWI penalties may include a sanction against their professional […]
Nearly all drivers stopped for suspicion of drinking and driving in the Rochester area will be asked to take a breath test to measure the amount of alcohol in their system. It is illegal to drive in New York State with a blood alcohol content of .08% or higher, and a score of .18% or […]