DWI Trial Attorney in Rochester
We Can Assess Your DWI Arrest
So, you or a loved one has been arrested and charged with Driving While Intoxicated (DWI) or similar charges in Monroe, Livingston or Wyoming County. Chances are if you are stopped and suspected of DWI, within an average of eighteen minutes from being pulled over, you will be handcuffed and escorted to the backseat of the police car. Naturally, you have questions. What do I do now? Do I have a defense? Will I lose my job? Will I lose my license? Will I go to jail? Of course, the Law Firm of Sciarrino & Sciarrino, P.C has answers.
What are the types of alcohol and drug-related violations in New York State?
- Driving While Intoxicated (DWI): .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles: .04 BAC or other evidence of intoxication.
- Aggravated Driving While Intoxicated (Aggravated DWI): .18 BAC or higher
- Driving While Ability Impaired by Alcohol (DWAI/Alcohol): more than .05 BAC but less than .07 BAC, or other evidence of impairment
- Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
- Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)
- Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine)
- Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law
What is Leandras Law?
This legislation makes operating a motor vehicle while intoxicated or under the influence of drugs with a passenger under the age of 16 a Class E felony punishable by up to four years in state prison.
Courts must order all drivers, including youthful offenders, convicted of driving while intoxicated or aggravated driving while intoxicated to install and maintain an ignition interlock on any vehicle owned or operated by such driver for at least 12 months.
The law also makes it a felony to drive drunk with a conditional license.
Drivers who drive while intoxicated or impaired by drug and cause the death of a child under 16 in the vehicle may be charged with a Class B felony punishable by up to 25 years in prison.
Drivers who drive while intoxicated or impaired by drugs and cause serious physical injury to a child under 16 in the vehicle may be charged with a Class C felony punishable by up to 15 years in prison.
Why Do You Need an Attorney?
The reason for this is simple; do you know what defenses you can use to win your case? Or why your arrest may not have been legal to begin with? Or when is the best time to approach the prosecuting attorney to get the best deal if all other avenues have been exhausted? Or what the difference is between a DataMaster and an Alcotest machine? Or what you must do to save your license even before your court appearance? Or what the newest New York DWI laws are?
Get The Right Attorney
Some of your friends may advise you to represent yourself in court, or to retain a “cheap” attorney who does not concentrate their practice on the criminal defense of DWI cases. However, given the deceptively complex nature of the charges and their prosecution, and the potentially serious consequences that can flow from a DWI arrest, this would not be advisable. You could find yourself:
- Without a driver’s license,
- Paying heavy fines,
- Paying court costs and surcharges
- Paying extensive DMV administrative fees,
- Serving time on probation,
- Serving time in county jail or
- Serving time in State Prison.
Your vehicle can be impound or taken by forfeiture or subject to installation of a mandatory ignition interlock devise. New York State treats Driving While Intoxicated seriously and New York State’s DWI laws are among the toughest in the nation so don’t risk finding out the “hard way”, about the consequences of the potentially poor decisions you could make without the benefit of a competent and experienced DWI Defense Attorney.
For the last 18 years, after Graduating from Cornell Law School, Attorney Raymond P. Sciarrino has concentrated on building his experience and knowledge in all areas of DWI defense, including pre-trial plea negotiations, motions practice, jury and bench trials, and DMV administrative refusal hearings. Mr. Sciarrino has also enhanced his experience and knowledge in all these areas by sitting as a former Town Judge for over 11 years.
The Consequences of DWI Conviction
Aside from the consequences of dealing with the police, the courts, and the Department of Motor Vehicles, there are practical consequences that often flow from a DWI arrest or conviction. Since DWI is a crime, and a DWI conviction will give you a permanent “criminal” record, you have to give the government your DNA, you could lose your job or be prevented from obtaining certain licenses and permits which could limit your future employment opportunities. If you are a commercial driver and hold a CDL, you could lose your privilege to drive commercially for at least one year. A DWI conviction can cause your insurance rates to rise dramatically and sometimes insurance companies will cancel your coverage altogether. There are other, “hidden” DWI penalties such as limitations on travel to Canada and other foreign counties. At Sciarrino & Sciarrino, P.C. we care about our clients so we will thoroughly and painstakingly develop your case so you may get the best DUI or DWI defense possible.
Penalties for Multiple Offenders
New regulations took effect on September 25, 2012 that affects drivers with multiple alcohol/drugged-driving related convictions or incidents. The highlights of how these changes affect persons applying for a driver license after their license is revoked are provided below.
- Applicants with three or four alcohol/drugged-driving related convictions or incidents within a 25 year period, without a serious driving offense and whose revocation does NOT result from an alcohol or drugged driving conviction or incident, will be denied re-licensing for two years in addition to the statutory revocation period, and then will be re-licensed with a problem driver restriction for two years. A serious driving offense is a fatal accident, a driving-related penal law conviction, conviction of two or more violations for which five or more points are assessed, or 20 or more points from any violations.
- Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, without a serious driving offense and whose revocation DOES result from an alcohol or drugged driving conviction or incident, will be denied re-licensing for five years in addition to the statutory revocation period, and then will be re-licensed with a problem driver restriction for 5 years with an ignition interlock.
- Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, with a serious driving offense will be permanently denied a driver license, unless there are compelling or extenuating circumstances.
- Applicants with five or more alcohol/drugged-driving related convictions or incidents on their lifetime driving record will be permanently denied a driver license, unless there are compelling or extenuating circumstances.
- Applicants with two or more alcohol/drugged-driving related convictions or incidents within the preceding 25 years will be required to serve their entire sanction period (suspension or revocation) even if they complete the Drinking Driver Program (DDP) and will be required to submit proof of rehabilitation.
Five or more alcohol/drugged driving related convictions or incidents lifetime = "Persistently Dangerous Driver"
Permanent denial (subject to compelling or extenuating circumstances)
In a 25 year period, three or four alcohol/drugged driving related convictions or incidents + one Serious Driving Offense (SDO) = "Persistently Dangerous Driver"
Permanent denial (subject to compelling or extenuating circumstances)
Revoked for alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in a 25 year period.
Deny for five years in addition to statutory revocation period, then relicense with restricted license and interlock for five years.
Revoked for non-alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in a 25 year period
Deny for two years in addition to statutory revocation period, then relicense with restricted license for two years, but no interlock.
Two alcohol/drugged driving related convictions or incidents
No full relicensing until end of statutory minimum revocation period, even if DDP is completed.
Why Choose Raymond P. Sciarrino as Your Attorney?
- 18+ Years Attorney Experience
- 11+ Years Experience Town Justice
- National Association of Criminal Defense Lawyers (NACDL) Member
- New York State Defenders Association (NYSDA) Member
- New York State Magistrates Association Member
- Ethical Lawyers of America Member
- National College of DUI Defense (NCDD) Member
- Free Initial Attorney Consultation
- Appointment Flexibility
- Attorney Fees Quoted
Sciarrino & Sciarrino, P.C. is a Rochester, New York area law firm. For more than 50 years, we have been providing high quality legal services to our clients throughout Western New York and the Finger Lakes Region. If you need a DWI Attorney, we will act on your behalf, aggressively and competently, to develop a thorough and comprehensive defense designed to protect your rights, defend your freedom and obtain the best possible outcome. We like to call this approach, “Lawyering in the best sense”.
To receive a free DUI or DWI consultation, please contact us today at 585-658-2161!
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