Rochester Criminal Defense Attorney Manages DUI/DWI/DWAI Charges
Compassionate representation to protect your rights and your license
Human mistakes can have lasting consequences. A momentary lapse in judgment can put your life, your liberty and your reputation in jeopardy. If you’ve been arrested for DWI or DWAI in Rochester, you can expect aggressive prosecution and potentially very harsh penalties. At the Law Office of Maurice J. Verrillo, P.C., we work to protect our clients from erroneous and excessive charges, zealous prosecutions and extreme sentencing. We challenge the authorities to prove every element of their case beyond a reasonable doubt while working tirelessly for a favorable resolution to the charges against you.
Understanding New York’s drunk driving charges
New York State has several ways of charging drunk driving based on the specific circumstances of the case. These include:
- DWI — The charge of Driving While Intoxicated arises when a driver tests positive for alcohol use with a blood alcohol content of .08 percent and above. BAC in excess of .18 leads to an aggravated charge. For a commercial driver, the legal limit is .04 percent. Other evidence of intoxication is also admissible.
- DWAI — Driving While Ability Impaired is charged when a driver’s BAC is between .05 and .07 percent but the driver is still unable to operate the vehicle safely. Other evidence of impairment is also admissible. This charge is also applicable for a driver who is impaired because of consuming one or more drugs.
- DUI — New York drivers who are convicted of DUI in another state are subject to revocation of their New York driver licenses.
- Zero Tolerance violation — Drivers under the age of 21 who test positive for alcohol with a BAC of .02 to .07 are subject to fines and license suspension.
- Chemical test refusal — Drivers who are arrested for DWI or DWAI are required to submit to a chemical test of breath, blood or urine. Refusal to take the test triggers an administrative license revocation.
Do not treat a DWI or DWAI charge as just another traffic offense. Effective defenses are often available, as are strategies for mitigating the consequences of your arrest, depending on the facts of your case, but you need professional representation to increase your chances of a favorable outcome.
Penalties for impaired driving in New York
Penalties for DWI or DWAI vary depending on such circumstances as having prior impaired driving convictions. Possible penalties include:
- Driving While Ability Impaired by alcohol (DWAI) — Fine of $300 to $500, a maximum of 15 days in jail and license suspended for 90 days
- Second DWAI violation within five years — Fine of $500 to $750, a maximum of 30 days in jail and license revoked for at least six months
- Third or subsequent DWAI within 10 years — A misdemeanor state crime punishable by a fine of $750 to $1,500, a jail sentence of 180 days and license revocation of at least six months
- DWI (alcohol or drugs) — For a first conviction, a fine of $500 to $1,000, a maximum of one year in jail and license revoked for at least six months
- Second DWI or DWAI-drug violation in 10 years — A Class E felony with a fine of $1,000 to $5,000, a maximum of four years in state prison and a license revocation of at least one year
- Third DWI or DWAI-drug violation in 10 years — A Class D felony with a fine of $2,000 to $10,000, a maximum of seven years in state prison and a license revocation of at least one year
- DWAI combination of drugs and alcohol — Fine of $500 to $1,000, maximum jail time of one year and a license revocation of at least six months
- Second DWAI combination in 10 years — A Class E felony with a fine of $1,000 to $5,000, a maximum of four years in state prison and a license revocation of at least one year
- Third DWAI combination in 10 years — A Class D felony with a fine of $2,000 to $10,000, a maximum of seven years in state prison and a license revocation of at least one year
If impaired driving has led to an accident in which a person was injured or killed, the consequences are even greater.
Contact a dedicated criminal defense lawyer for DWI or DWAI charges in Rochester
A conviction for impaired driving can have far-reaching and long-lasting consequences. Trust the Law Office of Maurice J. Verrillo, P.C. to care about your future and work tirelessly for a favorable outcome to your case. Mention our website when you call us at 585-563-1134 or when you contact us online and receive a free 30-minute initial consultation.