Rochester DWI Lawyer

Experienced Defense Against DWI Charges in New York

At Aaron M. Gavenda, Esq., we understand individuals' stress and uncertainty when charged with Driving While Intoxicated in Rochester, New York. Our dedicated team of legal professionals is committed to providing you with comprehensive legal representation, guiding you through the complexities of the legal system, and fighting to protect your rights and future.


Call Aaron M. Gavenda, Esq.today at (585) 332-4501 or contact us online to schedule a meeting with our DWI attorney in Rochester!


New York DWI Laws

Driving While Intoxicated (DWI) in New York, is a serious offense that can result in severe consequences. In New York, it is illegal to operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both, if it impairs your ability to drive safely. The legal blood alcohol concentration (BAC) limit for most drivers is 0.08%.

What are the Penalties for Driving While Intoxicated in New York?

If you are convicted of a DWI in New York, the penalties can vary based on several factors, including your BAC, prior convictions, and the case's specific circumstances. Our team of experienced legal professionals is well-versed in New York's DWI laws and will work tirelessly to minimize the potential consequences you may face.

First Offense DWI:

  • A fine of $500 to $1,000.
  • A possible jail term of up to 1 year.
  • A minimum license revocation period of 6 months.
  • Completion of a Drinking Driver Program (DDP).
  • Potential installation of an Ignition Interlock Device (IID) on your vehicle.

Second Offense DWI (within ten years of the first offense):

  • A fine of $1,000 to $5,000.
  • A jail term of up to 4 years.
  • A minimum license revocation period of 1 year.
  • Completion of a Drinking Driver Program (DDP).
  • Mandatory installation of an Ignition Interlock Device (IID) on your vehicle.

Third Offense DWI (within ten years of the previous offenses):

  • A fine of $2,000 to $10,000.
  • A jail term of up to 7 years.
  • A minimum license revocation period of 1 year.
  • Completion of a Drinking Driver Program (DDP).
  • Mandatory installation of an Ignition Interlock Device (IID) on your vehicle.

Defenses Against DWI Charges

Our experienced team of legal professionals will meticulously analyze the details of your arrest, including the legality of the traffic stop, the accuracy of field sobriety tests, and the reliability of breathalyzer or blood test results. Common defenses against DWI charges include:

  • Improper Stop or Arrest: Challenge the legality of the traffic stop or arrest if law enforcement lacked valid reasons to initiate them, potentially leading to the exclusion of evidence.
  • Inaccurate Field Sobriety Tests: Question the reliability of field sobriety tests, as they can be subjective and affected by various factors that might not accurately reflect impairment.
  • Faulty Breathalyzer or Blood Test Results: Challenge the accuracy of a breathalyzer or blood test results, raising doubts about their reliability due to calibration issues or improper administration.
  • Rising Blood Alcohol Level: Argue that your BAC was still rising when you were pulled over, suggesting you were not over the legal limit while driving.
  • Medical Conditions or Medications: Demonstrate that your medical condition or medication led to a false positive on the breathalyzer test, potentially undermining the prosecution's case.

Contact Our Rochester DWI Attorney Today

Facing DWI charges in New York can be a daunting experience, but you don't have to navigate the legal system alone. At Aaron M. Gavenda, Esq., we are dedicated to providing you with the experienced and aggressive legal representation you need to protect your rights and achieve the best possible outcome. Our team understands the nuances of New York's DWI laws and will work tirelessly to build a strong defense on your behalf.


Contact Aaron M. Gavenda, Esq. today to schedule a consultation with our DWI lawyer in Rochester!


Contact Aaron M. Gavenda, Esq. Today

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