Rochester DWI Attorney Overview

The criminal offense of drunk driving is called DWI (Driving While Intoxicated) in New York. A DWI offense might involve driving under the influence of alcohol or might also involve driving while intoxicated by illegal drugs, such as marijuana, cocaine and prescription drugs that severely impair a driver’s ability to operate a motor vehicle. In New York, as in a majority of other states, a driver is considered intoxicated if their blood alcohol content (BAC) is .08 or higher. A driver may also be found guilty of DWI in New York if their use of alcohol or drugs has impaired their physical and mental faculties in regards to driving their vehicle.

A police officer may detect a DWI driver by a number of factors including: erratic driving, inability to stay in one lane, and making unsafe turns. If a police officer suspects someone of driving while intoxicated they may put the driver through a series of field sobriety tests designed to test the driver’s awareness and coordination. If a driver fails these tests, they will usually be taken to a police station and asked to submit to a breath test or a blood test. If a driver is found to have a BAC above the legal limit, they will be arrested for DWI.

Due to public pressure about the dangers of drunk driving, the New York State Legislature has passed laws that make the penalties for DWI very severe. A first-time DWI offender in New York may have their driver’s license suspended for six months. The first-time DWI offender whose license has been suspended can get a conditional license to drive to and from work or to obtain medical care. First-time DWI offenders in New York are also subject to fines of between $500 to $1000 but rarely serve jail time. A first-time DWI in New York that does not result in serious injury to another person or death is punished as a misdemeanor. Punishment for second and third DWI offenses that occur within ten years may include a one year driver’s license suspension and fines of between $1000 up to $10,000. Second DWI offenses that happen within ten years are punished in New York as Class E felonies and third DWI offenses that happen within ten years are punished as Class D felonies. Repeat DWI offenders in New York may also be required to install an ignition interlock device on their cars.

Choosing a DWI Defense Attorney in Rochester

The consequences of a DWI violation can be very serious. The DWI defense attorneys at Anelli Xavier realize that DWI clients who may be facing a driver’s license suspension as well as high fines are under significant pressure and stress. The attorneys at Anelli Xavier are experienced in listening to the details of DWI cases, analyzing the legal positions of their DWI clients and giving them the pros and cons of several alternate courses of action. The DWI defense attorneys at Anelli Xavier are experts in interpreting DWI police reports, understanding the science of breath test machines, understanding probable cause for field sobriety testing, challenging BAC readings, and impeaching testimony of expert witnesses in DWI trials.

The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Anelli Xavier are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.