Check out these Rochester DWI charge facts that you should know. Then, call our Rochester DWI lawyer for a free legal consultation to get started today.
Rochester DWI Charge Facts | Receiving Two Tickets for DWI
A Driving While Intoxicated charge in New York typically has two components. The first is what we call the Common Law Driving While Intoxicated. That is based upon the officer’s observations of you and your performance on the field sobriety tests. His opinion is that you are intoxicated. The other charge that people typically get is if they did take the breath test and they blew higher than a .08, which would result in a Driving While Intoxicated per se. That means the law recognizes that anyone who has a blood alcohol content of .08 or higher is intoxicated. Additionally, if someone is driving with a blood alcohol content of .18 or higher that’s considered an Aggravated Driving While Intoxicated. Although that doesn’t make it a felony if it wasn’t already a felony, it certainly carries with it stiffer penalties and higher fines.
Rochester DWI Charge Facts | Refusing a Breath Test
Refusal to submit to a breath test requires the suspension of your driver’s license for a period of one year. If this happens, you are not entitled to a hardship license or a conditional license; you must do one year without a driver’s license.
Rochester DWI Charge Facts | Ways the Police Determine You are Intoxicated
A police officer will generally rely upon his observations to decide of whether or not a driver is intoxicated. Those observations include blood shot or watery eyes, slurred speech, flushed complexion, as well as that person’s ability to produce their driver’s license, their ability to respond to simple questions in an appropriate or logical fashion, and their ability to perform on the field sobriety tests; whether or not they were able to cite the alphabet, touch their nose, or walk the line. The officer will consider all of those factors and determine whether or not, in their opinion, the driver is intoxicated or not.
Rochester DWI Charge Facts | DWAI by Drugs
In addition to Driving While Intoxicated under the influence of alcohol, you could be arrested for driving while under the influence of drugs. The law refers to that as a Driving While Ability Impaired by drugs. Typically, there is an officer who is specially trained in determining whether you are under the influence of drugs. This officer, many times, is different from the officer who would have the ability to determine whether you are intoxicated. This person is typically referred to as a Drug Recognition Expert, and they’re specifically trained to detect whether not that person is impacted using drugs as opposed to alcohol.
Rochester DWI Charge Facts | DWI Under 21
In New York State, we have a zero tolerance DWI law that applies to people who’ve been arrested or convicted of a Driving While Intoxicated charge and have not yet turned 21. In those instances, that person is facing a stiffer license suspension and license revocation than somebody who is over 21 when they were arrested for the DWI.
Rochester DWI Charge Facts | Felony DWI vs. Misdemeanor DWI
If you’re charged with a second DWI within 10 years, that charge is likely going to be a felony. The consequences, the fines, and the results of that are going to be more significant and more severe than a Driving While Intoxicated as a misdemeanor.
Rochester DWI Charge Facts | Losing Your License After a DWI
Upon the completion of your case, if you’re found to be not guilty, you’ll have no restrictions on your driver’s license. If it’s your first time being convicted of a Driving While Intoxicated offense, your license will be suspended, however, the court will allow you to have a 20 day stay. What that does is allow you to have regular driving privileges for the next 20 days. In that period, the DMV is going to allow you to enroll in a program called the Drinking Driver Program. It is a class that is one night a week for eight weeks. The DMV says if you sign up for this class we’ll give you a conditional license. Upon successful completion of this class, we will give your regular license back again, regardless of the duration of your suspension. You’re only allowed to take this class once every five years. If you get a second DWI within five years of your first one, you’re not going to be eligible for Drinking Driver Program and you’re not going to be eligible to get that license after the conviction.
Rochester DWI Charge Facts | First Court Appearance for a DWI
The first time you go to court after a Driving While Intoxicated arrest, you will be arraigned. The judge is required to suspend your driver’s license if there is a certification that shows that you took the breath test and the result is higher than a .08. In that instance, the court can issue you a hardship license. A hardship license is a temporary license that is going to allow you to drive to and from work or to and from school if you can show that you have no other means of transportation available to you. Typically, 30 days after your license is suspended pending prosecution, you’ll be eligible to get a condition license from the DMV that will replace your hardship license and allow you to continue to drive at that point.
Rochester DWI Charge Facts | Marijuana DWI Charge
A common charge for Driving While Ability Impaired by drugs involves the use of marijuana. There is no test that the police can perform consistent with a breath test like you do with a Driving While Intoxicated. The police officers would rely upon their observations of you. Again, in this case, you would probably need to have a Drug Recognition Expert brought in, someone who is specifically trained with how to detect whether someone was under the influence of marijuana while driving.
If you have been arrested for DWI, please call our Rochester DWI lawyer Michael Schmitt today to get a free consultation.