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DWI Lawyers in Rochester, NY

Our DWI Defense Attorneys Represent Individuals Charged With Driving Under the Influence

If you are facing driving while intoxicated charges in Rochester, New York, the DWI attorneys at King are ready to defend your case. It is not easy to beat DWI charges in New York. But our team has a successful record of getting DWI charges reduced or dismissed for our clients. Alcohol- and drug-related accidents are on the rise, so law enforcement officials have begun to crack down on drunk or drugged drivers on the road. In the haste to arrest dangerous drivers, Rochester-area police and patrol officers have been known to wrongfully accuse or over-charge individuals with intoxicated driving offenses. A conviction of driving while intoxicated (DWI) is very serious, and you may lose your license, face jail time, and be subjected to fines.

A DWI conviction can impact all aspects of your life, including your job, family, and future well-being. If you have been charged with DWI in Western New York and the Finger Lakes, talk to a DWI attorney at King Law. We can help build your case and minimize the impacts to your life.

Types of DWI Cases We Defend In Rochester and Western New York

In New York, there are several charges you can face if you are suspected of driving under the influence of drugs or alcohol. The charges will be based on a number of factors, including what substance you are accused of using, who is in the car with you, the age of your passengers, and other factors. Each charge comes with its own potential legal consequences.

Here are the types of driving under the influence charges in New York State:

Source: New York State Department of Motor Vehicles

We support clients throughout Rochester and the Finger Lakes who have been charged with any of the above traffic offenses. Contact our office for immediate support. Enlisting the help of a DWI lawyer soon after your arrest can help you better fight the charges against you.

What Are the Penalties for DWI in New York?

If you are tried and convicted for driving under the influence, you may be facing multiple penalties. While the circumstances of each case will vary, it is always recommended that you work with a lawyer after an arrest. If you are facing any of the following penalties, do not hesitate to get in contact with our Rochester DWI lawyer!

First-Offense DWI in New York

First-time offenders can experience the following penalties:

• License suspended for up to 6 months
• A fine of up to $1,000

Convicted individuals are required to attend alcohol evaluation courses and may spend up to one year in jail.

Second-Offense DWI in New York

Not your first offense? Second-time offenders will see an increase in their penalties, including:

• A maximum of 4 years in jail
• $5,000 in fines
• A license suspension of 1 year

An interlock ignition device may also be required to be installed in your vehicle.

Third-Offense DWI in New York

Individuals with third-time convictions can face up to 7 years in jail, a license suspension for a minimum of 1 year, and be required to pay up to $10,000 in fines. An interlock ignition device may be required as well as alcohol assessment and up to 60 days of mandatory community service.

DWI Accidents in New York

If your arrest was the result of an accident, you could be charged with additional crimes on top of your DWI offense. In the event that an accident resulted in a death, for example, you may be charged with vehicular manslaughter.

Should You Take A DWI Breath Test?

A breathalyzer test provides evidence in the criminal case. Many people who are arrested for DWI are actually over the legal limit, so the evidence would harm them in the criminal case. So why should you consider taking the test? You should consider taking the test because doing so can affect your ability to remain a licensed driver.

If you are arrested for DWI, and the proper protocol is followed, your license will most likely be suspended at arraignment. If you have taken a breath test, your attorney can apply for a hardship license, and you will likely be eligible for a conditional license 30 days following arraignment. A conditional license allows you to drive to and from work, school, probation, the DMV, medical treatment, your child’s school, your child’s daycare provider, and 3 hours of free time per week.

If you refuse the test, you will not be eligible for a hardship license. You will be granted a hearing by the Department of Motor Vehicles, where it will be determined whether you refused and proper protocol was used. If so, your license is suspended for one year, and you will be doing no driving whatsoever.

There are certain times when you should not take a breath test:

If you are convicted of a third DWI, you will likely face significant jail time. In addition, there could be lifelong impacts on your ability to get a license to drive a motor vehicle.

Assistance With Understanding the DWI Laws in NY

Under New York’s implied consent law, individuals who refuse a breath or blood test when requested to submit to one by a police officer may have their license automatically suspended. At King Law, the lead attorney does not always recommend submitting to these tests, and in some cases, refusal could actually benefit you.

If you have had a few drinks and were stopped at a traffic stop, you may be able to obtain a hardship or conditional license while your case is pending. If you do take the test and blow a blood alcohol content reading that is over the legal limit of 0.08 percent, you may not necessarily be able to obtain a hardship license. It is always recommended that you exercise your right to remain silent at a traffic stop and contact King Law for legal assistance.

Can the Police Search Your Car During a DWI Traffic Stop?

In some cases, the police can search your car if they pull you over for suspected drunk driving or driving while on certain drugs. If they make a lawful DWI arrest, the may be able to search the car for evidence. If your car is towed or impounded, they may perform what is a called “an inventory search.” If there are drugs, accessories, or alcohol containers in plain view, the police can search your vehicle. Learn more about when police officers are legally allowed to search your vehicle.

Can You Be Arrested for Driving While Impaired for Taking Prescription Medicine?

Yes, the police can arrest you for driving while ability impaired by drugs (known as DWAI-Drug) for taking medicine prescribed by a doctor. However, taking that medication must have impaired your ability to drive. If your ability to drive was compromised, it does not clear you of blame, even if a doctor prescribed that medication. Under NYS law, the term “drug” includes those controlled substances listed in Section 3306 of the Public Health Law, which includes more than one hundred prescription medications. However, the prosecution must prove that you were under the influence of the controlled substance (whether prescribed or otherwise) and that the controlled substance impaired your ability to drive the motor vehicle.

What is the Difference Between Aggravated DWI and Regular DWI in New York?

In New York, the difference between being charged with the misdemeanor of Aggravated DWI or a “regular” DWI is simply what your blood alcohol content is. To be charged with Aggravated DWI, you must be alleged to have a BAC of .18 or greater. Being charged with DWI in violation of NY VTL 1192(2) requires an alleged BAC of between 0.08 and 0.17.

The significant distinction in being charged with Aggravated DWI is a higher fine and a longer license revocation period. Aggravated DWI carries a minimum fine of $1,000 and a minimum revocation of 12 months. DWI carries a minimum fine of $500 and a license revocation of 6 months. Both are considered criminal convictions and require the installation of an ignition interlock device.

King Law Case Results in 2026: DWI Charges Against Our Client Dismissed

The Arrest

One of our recent clients was charged with DWI in Yates County, New York. During the police investigation, the officer quickly made the interaction confrontational. Our client offered to walk home and was denied the opportunity. Our client declined to participate in field sobriety tests and refused to give a breath sample. In some ways, these choices limited the amount of evidence that was available. Therefore, the prosecution needed to rely on other police observations such as claiming our client had bloodshot watery eyes, slurred speech, and impaired motor coordination.

The Trial

At trial, during cross examination, we successfully obtained admissions that these “observations” were not documented in arrest reports and were not consistent with the officer’s body camera. In fact, the bodycam videos showed our client had good balance and coordination. Due to these inconsistencies and others, we attacked the officer’s credibility. We highlighted on-camera discussions between the arresting officer and assisting officer where they themselves were unsure of whether to arrest our client or not. We argued that if they were unsure about the arrest when they made it, there must be reasonable doubt now.

The Outcome

Working To Help You Beat Your DWI Charges In Rochester and Beyond

New York DWI laws can be tricky, and King Law recommends that you not try to navigate the legal process alone. When you work with the firm, you can receive outstanding representation for your case.

Whether this is your first DWI arrest, you are underage, or you are facing a charge as a repeat offender, you need to work with an experienced litigator. The firm can evaluate your case and all necessary evidence, police reports, witness statements, and breath or blood test findings. The Rochester DWI attorney working on your case can develop an effective defense strategy to fight for your rights and freedom.

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