First Offense DWI Lawyer in Rochester, NY

Handling Both the Criminal Case & DMV Proceeding Since 1916

A first-offense DWI arrest in Rochester sets two separate proceedings in motion at once: a criminal case in court and an administrative license action through the New York DMV. Osborn Reed & Burke, LLP handles both tracks under one coordinated defense strategy, so nothing is overlooked between them. We’ve represented clients across the Greater Rochester Area since 1916, and we build each defense around the specific facts of that client’s case.

You work directly with an attorney, not a case manager. If the facts support it, we’re prepared to take the case to trial.

Facing a first-offense DWI in Rochester, NY? Call (585) 542-1778 to schedule a confidential consultation with one of our attorneys.

What a First-Offense DWI Conviction Means in New York

Under New York law, a first DWI conviction is a misdemeanor. The direct penalties include fines up to $1,000 plus mandatory surcharges, up to one year in jail, a minimum six-month license revocation, and a required ignition interlock device on any vehicle you drive. Those penalties apply to a standard charge under VTL 1192.

If your BAC tested at 0.18% or higher, the charge becomes Aggravated DWI, which carries steeper fines and a longer minimum license revocation. Beyond the courtroom, a conviction can affect professional licenses, security clearances, employment prospects, and immigration status. The stakes extend well past the fine on the ticket.

How a First-Offense DWI Case Moves Through Rochester-Area Courts

Where your criminal case is heard depends on the circumstances of the arrest. Cases arising in the city go to Rochester City Court. Charges from other parts of Monroe County may proceed in a Town or Village Court or in Monroe County Court. Whichever venue applies, New York’s administrative per se law means your license is typically suspended at arraignment, before any conviction is entered.

That arraignment suspension is imposed by the criminal court judge as part of the criminal case. A separate DMV hearing before an administrative law judge applies when a driver refused the chemical test. That hearing examines whether the officer had probable cause for the stop and arrest, whether the driver was properly warned of the consequences of refusal, and whether the refusal actually occurred. Our attorneys appear at these hearings to contest license consequences on your behalf, coordinating those arguments with the criminal defense strategy rather than treating the two proceedings as unrelated.

Speak with a Rochester DWI Attorney Today

A first-offense DWI arrest is serious, and the decisions made in the early days of a case can affect how it proceeds. Osborn Reed & Burke, LLP offers a confidential consultation to review the facts of your arrest, explain your options across both the criminal and DMV proceedings, and outline what a defense could look like. Call (585) 542-1778 to speak with an attorney.