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You Have Questions, Our Lawyer Has Answers

Charges of driving under the influence (DUI) or driving while intoxicated (DWI) can feel very confusing. You probably have many questions that need answers. At Lorenzo Napolitano, Attorney at Law, you can rely on Mr. Napolitano to answer all your questions and give you his undivided attention. He has helped thousands of people in the Rochester area minimize their penalties and move forward with their lives after a criminal charge. On this page, you will find answers to some of the most common questions about DUI and DWI that he hears from his clients.

If I am pulled over, what should I do?

You are required to give certain pieces of information to the police officer – your name, address and birth date, for instance. After that, though, you should politely invoke your Fifth Amendment right to remain silent. Law enforcement officers have ways of getting you to incriminate yourself even if you have done nothing wrong. Instead, request a lawyer.

Can I refuse a breathalyzer test?

Although you have the right to refuse an alcohol breath test, you could lose your driver’s license as a result. You do, however, have the right to refuse field sobriety tests without any penalties.

What are New York’s laws regarding drunk driving?

In New York state, it is against the law for drivers over the age of 21 to drive with a blood alcohol content (BAC) of more than .08. For commercial drivers, the BAC limit is .04. Underage drivers who have any amount of alcohol in their system may receive a criminal charge.

What is the difference between DUI, DWI and DWAI?

DWI refers to someone driving with a BAC over the legal limit of .08. DUI is much broader and can apply to people driving under the influence of drugs or other illicit substances.

Driving while ability impaired (DWAI) is the least severe of the three charges. It involves driving with a BAC under .08, but with your abilities still impaired.

Why should I hire an attorney?

You have the right to work with a public defender, but they often have a heavy caseload. With a private defense lawyer, you always have one-on-one attention from someone devoted to protecting your rights. It is your best chance of avoiding the penalties of a drunk driving conviction.

Have More Questions? Get More Answers.

These are only a few of the inquiries that our clients have for us. Get in touch with Mr. Napolitano to discuss your questions in-depth. To schedule a completely free initial consultation, please call 585-512-8185 or send us an email.

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