Rochester NY DWI Lawyer
New York is very strict about DWI charges. If you have been charged with a DWI in Rochester. contact Anelli Xavier today for a free consultation: 1-877-418-0075, or email us right now .
Rochester drivers need to be aware that DWI charges can—and do—happen on any road, at any time, and to anyone driving. DWI charges are not just reserved for the weekend, and a lunchtime cocktail, or wine with the boss can turn into a serious and life-changing problem if a driver is arrested for violating DWI laws, or causes a dangerous traffic accident. Rochester drivers need to know the basics of DWI laws in Rochester and throughout New York State. It is also important for Rochester drivers to understand that hiring an experienced DWI attorney is the best defense against DWI charges.
Rochester DWI law is governed by New York State DWI law. The law body of law that establishes DWI charges and penalties throughout New York State is the New York Vehicle and Traffic Law (Title VII, Article 31 of the New York Code ). The Vehicle and Traffic law (VAT) is complex, comprehensive, and is subject to change by the passage of legislation. Under the current VAT, the severity of the DWI charges a driver may face, and the corresponding penalties, depend on many different factors. These factors include whether the driver was driving with children under 15-years-old; the driver’s blood alcohol content (BAC); whether the driver held a commercial driver’s license (CDL); the driver’s age; and whether the driver has multiple DWI convictions on his or her record.
Under the New York laws, a driver is deemed to be legally intoxicated if his or her BAC level is 0.08% or greater. Aggravated DWI charges, which are more severe, may be administered if a driver’s BAC level is 0.18% or higher. A lower BAC level applies to drivers under 21-years-old, under New York’s “Zero Tolerance” Law. The BAC level for legal intoxication for this age group is between 0.02% and 0.05%. The penalties associated with DWI
and aggravated DWI charges also vary, ranging from license revocation and payment of a civil fine, to jail time and penalties.
Serial DWI convicts—those drivers that have multiple DWI convictions on their records—are treated particularly seriously under the VAT. Multiple DWI convictions can lead to a felony conviction, enhanced penalties, longer jail sentences and license revocation. New York courts may also order serial DWI convicts to install ignition interlock devices in their vehicles.
New York has also passed several laws to address drunk driving issues, one of which is called “Leandra’s Law.” Leandra’s Law increases penalties for drunk drivers with child passengers under the age of 15 in their vehicles. Under Leandra’s Law, driving while intoxicated with a child under the age of 15 may result in a Class E felony. Penalties for such a conviction may include imprisonment, fines, and court ordered installation of an ignition interlocking device. Again, New York DWI laws are subject to change, so it important to be aware of new laws that may be on the books.
For a brief understanding of DWI law in Rochester and in New York State, drivers may want to review the New York State Department of Motor Vehicles website. However, if you are a Rochester driver who has been charged with violating DWI laws, you should immediately contact an experienced DWI attorney to review your case. An experienced DWI attorney is a valuable resource that you will want on your side when it comes to defending yourself against DWI charges. The attorneys at Anelli Xavier have years of experience practicing DWI law in the Rochester area. Call the offices of Anelli Xavier today at 877-418-0075 for a confidential consultation.
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.