DWI Lawyer Rochester, New York
Let Us Defend You Against DWI and DUI (DWAI) Charges
If you have been arrested on DWI charges, you have to keep both your immediate concerns and long-term interests in mind. While your priority is keeping your freedom today, you also have to think about how a conviction could impact future charges. At the Rochester law offices of Burke & Burke, we will help you keep all these factors in mind as we build a DWI defense to keep you out of jail and your license intact.
A Tradition of Legal Excellence in Rochester Since 1957
Contact Burke & Burke for a Free Initial Consultation
Burke & Burke, DWI Lawyers in Rochester, New York, diligently prepares cases for trial in the New York courts, and less than 10 percent of our clients have ever been found guilty after a trial of driving while intoxicated. Even if a conviction is unavoidable in your case, we fight to reduce your charges to driving while impaired, which is not a criminal conviction. This is important for many clients, because it keeps their records clean.
We are known for DWI defense in New York. These offenses can include:
- DWI (driving while intoxicated)
- DUI (driving under the influence)
- DWAI (driving while ability impaired)
- DWAI (drugs)
- Refusal of a Breathalyzer test
- Suspension or revocation of your driver's license after a drunk-driving charge
A DWI or DUI (DWAI) conviction can have a catastrophic impact on your life, including loss of your driver's license or skyrocketing insurance rates, inability to get certain jobs or apartments, and even jail. We fight every DWI charge and every alcohol-related traffic stop. We are familiar with the rapid changes in New York law, and we know what facts are on your side and what defenses are available
DWI Cases Can be Won. We Know How to Win Them
Whether this is your first DWI or you are facing felony charges for a repeat offense, you need to know that we can help. We believe these cases are filled with opportunities to get positive results - it's just a matter of finding them. We know where to look.
In New York, drunk driving cases can be broken down into two main categories:
- Driving with .08 BAC or Greater: To convict you of drunk driving, prosecutors must prove beyond a reasonable doubt that you were driving at .08 or higher. In many cases, we can show that our clients were not at .08 when they were driving, but only later, when they were tested.
- Refusal Cases: If you refuse to take a breath test as part of a series of field sobriety tests, you can still be convicted of drunk driving. The prosecution must prove beyond a reasonable doubt that you voluntarily consumed alcohol to such an extent that you were not able to operate a motor vehicle as an ordinary and prudent driver.
In many cases, the officer will ask the accused to undergo field sobriety tests. These tests are designed for people to fail, and judges are far from being uniformly sympathetic toward them. By showing that the tests were not in any way conclusive, we can at least have your charges reduced to a misdemeanor. We will scrutinize the work of the officer who pulled you over. Did the officer follow proper training? Were the field tests administered correctly and in the correct order?
Keeping Your License
An important part of any DWI drunk driving defense is coming up with a strategy to keep your license. After your arraignment, you will have 15 days to schedule an administrative hearing at the DMV, where you can protest your suspended license. If you fail to take action, the administrative law judge will have it suspended for six months. You license could be suspended regardless of the outcome of your criminal case.
Contact Us
Located next to the Monroe County Office Building in downtown Rochester, our lawyers are ready to help you build the best possible DWI defense. Helping our clients at all times, we return phone calls within twenty-four hours and travel to meet our clients as needed. Contact us today for a free initial consultation at (888) 619-9915.
