DUI Defense Attorney Protects Drivers from Rochester to Albany

Aggressive New York lawyer combats charges related to driving while intoxicated

New York law treats driving while intoxicated (DWI) and driving under the influence (DUI) as serious crimes. While first convictions are misdemeanors, repeat offenders face felony charges. If you are arrested for DW or DUI anywhere from Rochester to Albany, the Law Office of James L. Riotto will aggressively challenge the charges against you. As a former New York State trooper and DWI prosecutor, Mr. Riotto has insight into police procedures and prosecutorial strategies, which enables him to build a compelling defense on your behalf.

Types of alcohol- and drug-related driving charges in New York State

New York has a variety of laws governing impaired driving, whether by alcohol or drugs. Drivers can be charged with a standard DWI when they have a blood alcohol content (BAC) of at least .08 percent but less than .15 percent. For drivers of commercial vehicles, the threshold BAC is .04 percent.

Other charges include:

• Aggravated driving while intoxicated — Penalties are worse for drivers whose BAC is .18 percent or higher.
• Driving while ability impaired by alcohol — If your driving appears to be impaired by alcohol or drugs or a combination of both, and your BAC is more than .05 percent but less than .07 percent, you can be charged with driving while ability impaired by alcohol (DWAI).
• Chemical test refusal — If you are arrested for DWI but refuse to submit to tests of your breath, blood or urine, you face additional administrative penalties, even if you’re acquitted. You lose your license for at least one year and must pay a $500 civil penalty. Commercial drivers lose their licenses for 18 months and must pay $550.
• Zero tolerance law — Also known as Baby DWI, this charge applies to a driver who is less than 21 years of age who has a BAC of .02 percent to .07 percent. The consequences include a civil penalty of $125, a six-month license suspension, and a fee of $100 to terminate the license suspension. As a juvenile court attorney, Mr. Riotto is adamant about protecting the rights of youthful offenders and seeks less punitive solutions that get young drivers back on the right track.

Drivers face greater jeopardy when they have a prior DWI conviction, drive impaired with a minor in the vehicle, or cause an accident that damages property or seriously injures a person.

Penalties for DWI offenses in New York State

A DWI charge puts your liberty, license and your reputation in jeopardy. Common offenses and their potential penalties include these:

• First-offense DWI or DWAI-Drug — Penalties for a conviction include fines running from $500 to $1,000, up to one year in jail and a license revocation of at least six months.
• Second DWI or DWAI-Drug conviction within 10 years — This charge is a Class E felony, drawing fines of $1,000 to $5,000, up to four years in state prison and a license revocation of at least one year.
• Third DWI or DWAI-Drug conviction within 10 years— This charge is a Class D felony, drawing fines of $2,000 to $10,000, up to seven years in state prison and a license revocation of at least one year.
• First-offense aggravated DWI — Penalties for a conviction include fines running from $1,000 to $2,500, jail time of up to one year, and a license revocation of at least one year.
• Second aggravated DWI within 10 years — This charge is a Class E felony, drawing fines of $1,000 to $5,000, up to four years in state prison and a license revocation of at least 18 months.
• Third aggravated DWI in 10 years — This charge is a Class D felony, drawing fines of $2,000 to $10,000, up to seven years in state prison and a license revocation of at least 18 months.

The law gives judges wide latitude in sentencing, which is another reason to hire an experienced defense lawyer who knows how to argue for leniency on your behalf.