Anyone detained for suspicion of drinking and driving is assumed to have consented to taking a breath, blood or urine test under New York State law. The term used by Rochester DWI lawyers to describe this assumption is “implied consent.” Implied consent does not necessary mean that a driver can be forced to take a […]
Category Archives: DWI-DUI Arrests
Some Rochester residents who are stopped for DWI may be confused because they are asked to submit to a breath test both at the location where they were stopped and again back at the police barracks. These two tests actually involve two different breath test machines and are used for different purposes by the prosecution. […]
Rochester drivers who are convicted of an alcohol-related driving offense outside of New York State cannot avoid the penalties of being convicted of DWI simply by going home and not returning to the location of the conviction. While there are limits on the authority of New York State to impose penalties for an out-of-state conviction, […]
To be arrested for Driving While Intoxicated in Rochester, the law requires that the defendant be “operating” a motor vehicle. In most cases, operation will not be an issue because the driver will have been stopped while driving a moving vehicle. In cases where the driver is found asleep in a stopped vehicle or the […]
A Rochester driver who has previously been convicted of drunk driving may face enhanced charges and penalties, even if the prior conviction took place outside of New York State. Because modern technology has allowed police agencies and the departments of motor vehicles in different states to share information much more easily, a defendant cannot count […]
Any experienced Rochester DWI lawyer knows that the laws surrounding driver’s licenses following an arrest for drunk driving can be very complicated. There are a variety of different driver’s licenses a defendant may hold before re-obtaining a full license, each with its own limitations. A Pre-Conviction Conditional License is one type of limited driver’s license […]
Most Rochester drivers arrested for DWI are operating cars, trucks or similar machines. All of New York’s anti-drinking and driving offenses – including Driving While Intoxicated, Driving With a Blood Alcohol Content of .08% or Greater, Driving While Ability Impaired by Alcohol, and Aggravated Driving While Intoxicated – specifically apply only to the operation of […]
A Rochester driver convicted of Driving While Intoxicated often faces many problems aside from the sentence imposed by the court. It is rare for a DWI conviction and the resulting loss of driving privileges and other restrictions imposed by the court not to have some impact on a defendant’s life at home and work. Under […]
When a driver with an out-of-state license is arrested for Driving While Intoxicated in New York, how his or her driver’s license is handled can become very complicated. New York State does not have the direct power to take away an out-of-state license. It may only suspend or revoke the defendant’s privilege to drive within […]
DWI defense lawyers in Rochester have seen many changes to the breath test machines used to measure the blood alcohol content of drivers over the years. The breath test machines currently in use are highly computerized and designed to allow very little margin for error by the user. This does not mean, however, that they […]