Any experienced Rochester DWI lawyer can tell you that a drinking and driving conviction carries a wide variety of financial penalties.

Some of these – such as the fees associated with obtaining a conditional driver’s license or the mandatory surcharges imposed by New York State – are required to be paid, and the cost associated with them is beyond the control of the sentencing judge.

The basic fine associated with the conviction, however, is determined by the sentencing judge.

When determining the amount of the fine, the judge does not have unfettered discretion.

Instead, he or she will have a range within which the amount of the fine must fall.

For example, a first time offender convicted of Driving While Intoxicated may be fined between $500 and $1,000, while a defendant convicted of the same offense who has a prior DWI conviction in the past ten years may be fined between $1,000 and $5,000.

As long as the fine imposed by the judge falls within the range allowed by law based on the offense and any prior convictions, there are no set rules regarding what the judge must consider when determining the amount of any fine.

There are, however, a variety of factors that most judges in the Rochester area tend to consider when determining the fine.

These factors include the defendant’s legal history including prior drinking and driving convictions or convictions for other offenses, whether there were any aggravating circumstances surrounding the defendant’s arrest such as a car accident or lack of cooperation with law enforcement, any efforts at rehabilitation by the defendant between the time of the arrest and his or her conviction such as attendance at alcohol counseling, and the financial situation of the defendant.

If you have been arrested for drinking and driving, we can provide you with experienced legal representation.

Please call us for a legal consultation at 585-484-7432.