Rochester DWI Lawyer
Put the Experience of a Trained New York State Prosecutor on Your Side for a Monroe County DWI Charge
In New York, driving while intoxicated (DWI) is a severe offense that could result in severe penalties. Thus, if you were charged for driving while/under intoxicated in Rochester, NY, it is crucial to seek legal counsel from an experienced Rochester DWI lawyer who can guide you through the process.
I am Christopher K. Rodeman, an experienced Rochester criminal defense lawyer, and I am committed to helping protect the rights and driving privileges of individuals arrested while/under intoxicated in New York state.
Backed by over 22 years of DWI defense experience, I know the law and the various defenses I can bring up in these cases. Therefore, I will work tirelessly toward getting your charges reduced or dismissed to minimize the impacts a conviction can have on your life.
Potential Consequences of a DWI Conviction in Rochester, New York
Driving with a blood alcohol concentration (BAC) of .08 or more is illegal, and the results could place you under arrest. If law enforcement catches you operating a vehicle with a BAC of .18 or higher, you could face an aggravated criminal charge, penalized by harsher punishments.
How To Get a DWI Dismissed in NY?
Having a DWI dismissed in NY is determined that the officer did not have reasonable cause for pulling the vehicle over. For example, suppose an officer stops a car traveling on a public highway. In that situation, they can only do so if they have a reasonable cause that the driver has committed a vehicle and traffic law violation.
Being found guilty of being intoxicated in your vehicle could result in jail time, fines, and a driver’s license revocation, which could affect your finances, relationships, and ability to take care of everyday tasks. Also, the conviction information may show up on your record, making it difficult to find employment.
I understand the life-changing consequences of a conviction, and I am committed to providing the dedicated representation you need to defend your case.
Is It Worth Getting a Lawyer for a DUI?
As stated above, if you have serious charges set against you where there is a real chance you could be serving time in prison, then it is always highly recommended that you receive quality legal representation from lawyers who are very skilled at dealing with traffic law.
A lawyer's familiarity with local practices, the district lawyer, and the judge can also assist with these kinds of negotiations.
Want immediate answers to your questions or concerns? Call our law firm at (585) 928-4193 today.
Why Choose Christopher K. Rodeman Attorney at Law?
What Are the Charges for DWI in NY?
According to the New York state law, the city of Rochester recognizes several types of charges for driving while under the influence. However, it also considers several factors when determining DWI penalties. Significantly, the driver's age at the time of the offense and a first or second offender is considered heavily in sentencing.
While each arrest is different, the following penalties could be brought if you are found guilty:
First-time Offense
- Up to 1 year of jail time
- Fines between $500 and $1,000
- Minimum license suspension of 6 months
Second-time Offense
- Up to 4 years of jail time
- Fines between $1,000 and $5,000
- Minimum license suspension of 1 year
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 585-928-4193 today!
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Will I have a criminal record if I am charged with DWI?
The short answer is yes. You will have a record if you are charged for driving while/under intoxicated. Driving while intoxicated is a criminal offense, and therefore, will go on your record.
However, depending on the circumstances of your case, you might be eligible to have your charge expunged from your record.
Suppose you have been charged with driving while/under intoxicated. In that matter, you should speak with an experienced lawyer in Rochester, New York, about how to expunge your record and restore your reputation.
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Is a DWI charge a misdemeanor or felony?
Your DWI charge will depend on the specific details of your circumstances. Generally, a conviction will be a misdemeanor when:
- Your BAC wasn’t too far over the legal limit
- No one was injured or died due to your DWI charge
- You don’t have any previous convictions on your record
Driving while/under intoxicated is treated as felonies tend to involve
- Minor passengers in the vehicle
- Previous DWI convictions – within ten years
- Driving with a suspended or revoked license
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What are the common penalties in Rochester, New York?
Common penalties include:
- Expensive fines
- Your conviction remains on your driving record for a specified period
- Mandatory installation of an ignition interlock device in your vehicle
- Mandatory enrollment in and attendance of an alcohol or drug counseling program
- Time in jail – up to 1 year for a misdemeanor and punishable by State Prison for a Felony
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What happens if I’m arrested for driving while intoxicated?
The exact legal process you face will vary depending on your particular situation.
In general, you can expect the following things after an officer has pulled you over and determined you’ve been operating your vehicle under the influence:
- Your vehicle can be impounded
- You will be taken into custody and booked for driving while intoxicated
- You might have to pay bail before being released
- Your license will be temporarily suspended
- You will have to appear in court on numerous occasions.
- You may have to take your matter to trial.
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Can I refuse a chemical test?Yes, you can choose to refuse a chemical test. The upside of refusal is that you are limiting the evidence against you. It may be difficult for the prosecution to convict you without a breath test result.
However, choosing to refuse a chemical test or breathalyzer can result in your license being revoked for one year if deemed a “proper refusal” after a Department of Motor Vehicle refusal hearing.
You may be required to pay a DMV driver’s penalty fee of $750.00 before you reinstate your license when you are eligible. -
What is a DWI checkpoint?
Sometimes called a sobriety checkpoint, driving checkpoints are designated locations where Rochester law enforcement officers stop and check drivers to determine if they are under the influence of alcohol or drugs.