Understanding DWI Penalties in Rochester

A DWI or DUI charge comes from a violation of operating a motor vehicle while under the influence of alcohol, or in some cases drugs. The criminal defense attorneys at Tully Rinckey PLLC are experienced in handling misdemeanor and felony DWI and DUI charges.

Our criminal defense attorneys have a multitude of experience on both sides of a criminal procedure and bring that knowledge and strategy to every case the firm takes on. Each client is given personal and individual attention to ensure that we are providing the best and most professional service possible.

Our team of experienced criminal defense attorneys have years of experience defending the rights of clients who face charges of drunk driving or driving under the influence of drugs. We regularly work with prosecutors, the courts, and the police to help clients reach the best possible resolution for their charges.

Alcohol and Drug Violations and Penalties

The criminal defense attorneys at Tully Rinckey PLLC are experienced in dealing with DWI and DWAI cases.


In New York State, there are seven basic alcohol and/or drug-related violations with which a driver can be charged. The possible violations are as follows:

  1. DWI: Driving While Intoxicated; .08 BAC or higher, or other evidence of intoxication.
  2. Aggravated DWI: Aggravated Driving While Intoxicated; .18 BAC or higher.
  3. DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
  4. DWAI/Drug: Driving While Ability Impaired by a drug other than alcohol
  5. DWAI/Combination: Driving While Ability Impaired by the combined influence of drugs and alcohol
  6. Chemical Test Refusal: Refusing to take a chemical test, normally a test of breath, blood or urine.
  7. Zero Tolerance Law: A driver who is less than 21 years old and who drives with a .02 BAC to .07 BAC

Possible Penalties

Driving While Intoxicated is not a crime taken lightly in New York State.
Penalties for such alcohol and drug-related violations can include:

  • License suspensions/revocations
  • Fines
  • Possible jail terms
  • Higher insurance premiums
  • Mandatory attendance at Victim Impact Panel
  • Mandatory enrollment in Drinking Driver Program


In addition to the penalties listed above, surcharges are added to violations. In most instances, these surcharges cannot be waived and will be due on top of the fine you are assessed for your violation.

Multiple Offenses

Committing multiple alcohol and/or drug-related violations within a 10-year period can mean more severe penalties. Three or more convictions within the 10-year period can result in permanent revocation of your license. Should your license be permanently revoked, you will have the opportunity to request a waiver no sooner than 5 years from the revocation.


Contact Our Rochester DWI Lawyers Today

Please call us immediately if you or someone you know has been charged with a DWI . You can reach us at 8885294543 or by e-mail at info@tullylegal.com. You can also use our secure Live Chat feature to connect with us regarding your matter. Your message will be delivered to a secured firm account with a member from our team ready to assist you.

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