Highly Experienced Drunk Driving Attorney
At Fiandach & Fiandach in Rochester, NY, Ed Fiandach understands the complexities and long-term impact that DUI and DWI charges can have. That’s why he is here to guide you through the process, providing expert defense strategies tailored to your specific case. From dealing with the implications of the Interstate Compact to understanding the restrictions for travel to Canada after a conviction, he has the knowledge and expertise to address your concerns.
Whether you need assistance with commercial driving privileges, hardship privileges, or seeking rehabilitation for cross-border travel, we have the resources and experience to navigate these matters effectively. Trust Fiandach & Fiandach to be your dedicated advocates in DUI/DWI cases, protecting your rights and fighting for the best possible outcome.
DWI Defense
Frequently Asked Questions
DWI Penalties and Consequences
What are the new DMV rules & regulations for those convicted of an impaired driving offense?
Effective November 6, 2024, any individual convicted of an impaired driving offense (VTL §1192) will be assessed 11 points to their driving record. Previously, such convictions carried 0 points. Any conviction under §511 of the VTL (Aggravated Unlicensed Operation and Facilitating Unlicensed Operation) will also be assessed 11 points.
Any motorist who accumulates 11 points within 24 months, the motorist may be subject to attend a DMV “habitual or persistent violator” hearing and may be subject to further suspension or revocation. There is one small saving grace is that if the 11 points or more are the result of one single event, DMV will not require a hearing.
Additionally, motorists convicted of DWI/DWAI offenses or refusing to submit to a chemical test will also be responsible to pay the Driver Responsibility Assessment ($750) but will also now be required to pay an additional fee to DMV of at least $675 on top of any fines and surcharges due the Court.
There are also changes as to how Youthful Offender status is now affected on an individual’s driving record.
Lastly and very crucial, DMV will now administratively revoke any motorist’s license for LIFE if they have four or more alcohol or drug related convictions in their lifetime!
There are additional changes as well, but these are the most critical ones as they related to impaired driving offenses.
Now more than ever, a motorist charged with any impaired driving offense or unlicensed operation will require the best legal representation available.
What are the potential penalties for a DWI conviction?
Penalties for a DWI conviction can include fines, license suspension, mandatory alcohol assessment, probation, mandatory ignition interlock device, and even jail time, depending on the circumstances and prior offenses.
Will a DWI conviction stay on my record forever?
Interstate Licensing Issues
What is the Interstate Compact?
Can I travel to Canada if convicted?
Criminal Lawyers
Do I need a criminal lawyer for DWI-related offenses?
Absolutely. At Fiandach & Fiandach, we specialize in criminal law, particularly DWI, Vehicular Homicide, and Vehicular Assault cases. Ed Fiandach has handled a wide range of criminal cases and is Board Certified by the American Bar Association in DUI/DWI law.
Should I hire a former prosecutor as my lawyer?
Commercial Driving Issues
Can a CDL holder convicted of DUI obtain a limited-use license with commercial privileges?
Can a CDL holder convicted of DUI obtain a limited-use license with non-commercial privileges?
Can a CDL holder convicted of DUI obtain a limited-use license with commercial privileges?
Have the revocation minimum periods for CDL holders been increased?
Chemical Testing and Breathalyzer
What if I refuse a chemical test?
Are breathalyzer tests accurate?
General FAQs
Why choose Fiandach & Fiandach for a DWI case?
DWI defense is not simply one part of what we do—it is the focus of Mr. Fiandach’s life. Since 1979, Ed Fiandach has handled thousands of DWI cases and developed extensive experience with the legal, scientific, and technical issues these cases can involve. We bring that focused knowledge to every case we evaluate.
How much experience does Fiandach & Fiandach have with DWI cases?
Our firm has been defending DWI cases since 1979 and has handled more than 4,000 DWI matters. Mr. Fiandach brings decades of combined criminal trial experience to cases ranging from misdemeanor DWI charges to complex felony DWI and vehicular homicide.
Does Fiandach & Fiandach handle serious or complex DWI cases?
Obviously, our practice includes complex DWI and related vehicular crime cases, including felony DWI matters and cases involving serious allegations. These cases can require detailed investigation, scientific analysis, motion practice, negotiation, and trial preparation. Mr. Fiandach approaches each case according to its specific facts and circumstances.
Is Fiandach & Fiandach prepared to take a DWI case to trial?
Yes. Trial advocacy has been a central part of our practice for decades. Mr. Fiandach prepares cases with careful attention to the evidence, legal issues, and potential defenses rather than assuming every matter should follow the same path. When litigation or trial is appropriate, Mr. Fiandach has substantial courtroom experience to draw upon.
Does Fiandach & Fiandach only handle DWI cases?
Our practice is deliberately focused on DWI defense and related vehicular crimes. We believe concentrating on this area allows us to develop the legal, scientific, and courtroom knowledge these cases often demand. If you are unsure whether your particular charge falls within our practice, contact us to discuss the circumstances of your case.
Will Edward Fiandach personally handle my case?
Mr. Fiandach will personally be handling each client’s case, however, for minor court appearances such as an arraignment or motion argument, an attorney associated with the firm maybe appearing on his behalf. Rest assured, he will be doing all negotiations and should your case go to trial, he will be personally trying the case. Edward L. Fiandach’s experience and leadership are important parts of the firm, but our broader legal team also brings substantial DWI defense experience.
Is a highly specialized DWI firm necessary for every case?
Every person must decide what type of representation is right for them. DWI cases, however, can involve issues that extend beyond general criminal law, including chemical testing, breath-testing technology, blood analysis, field sobriety testing, and New York-specific DWI statutes. Our practice is structured around those issues.
Can Fiandach & Fiandach tell me what the outcome of my case will be?
No attorney can responsibly guarantee a particular result. DWI cases depend on their individual facts, evidence, procedural history, applicable law, and other circumstances. What we can do is carefully evaluate the case, identify relevant legal and evidentiary issues, explain the available options, and develop a defense strategy based on that analysis.
How involved will I be in decisions about my case?
Your case affects your life, so understanding your options matters. Our role is to analyze the legal and evidentiary issues, explain their significance, answer your questions, and advise you about potential courses of action. Important decisions about the direction of your case are made with you, not simply for you.
What does board certification in DUI defense mean for a client?
Edward L. Fiandach is board-certified by the National College for DUI Defense. Board certification reflects advanced experience and demonstrated knowledge in this highly specialized area of law. For clients, it means working with a firm led by an attorney who has devoted a substantial portion of his career to understanding and defending DWI cases and fully understands the law and science of the event.
Can Fiandach & Fiandach challenge breath or blood test evidence?
Yes. Breath and blood testing can involve complex scientific, technical, and procedural questions. Mr. Fiandach has extensive experience examining this type of evidence, including how a sample was obtained, how testing was performed, whether proper procedures were followed, and whether the resulting evidence can be reliably used in a particular case.
Why does local courtroom experience matter in a Rochester and surrounding area DWI case?
Mr. Fiandach has practiced in the Rochester and surrounding areas for decades. That experience provides familiarity with New York DWI law as well as the procedures and practices of local courts. While every case is different, understanding the legal environment in which a case will proceed can be an important part of developing an informed defense strategy.
How does Fiandach & Fiandach stay current on developments in DWI law?
Our involvement in DWI defense extends beyond individual cases. Edward L. Fiandach has held leadership roles with the National College for DUI Defense and has written extensively about New York DWI law. That commitment to legal education and scholarship reflects the depth of focus we bring to this continually evolving area of law.
How much does it cost to hire Fiandach & Fiandach?
Legal fees depend on the circumstances and complexity of the individual matter. We believe clients should understand the anticipated scope of representation and the financial considerations involved before making a decision. During the consultation process, we can discuss your case, the representation it may require, and applicable fees.
Will I understand what is happening with my DWI case?
That is our goal. DWI cases can involve unfamiliar terminology, court procedures, scientific evidence, and important decisions. We work to help clients understand the issues involved in their case, the available options, and what to expect as the matter proceeds. We maintain the highest level of communication with our clients.
What happens during an initial consultation?
The consultation is an opportunity to discuss what happened, the charges you are facing, and the issues that may require closer examination. It also gives you an opportunity to ask questions about our experience, our approach, potential next steps, and fees before deciding how you want to proceed. At that initial consultation, Mr. Fiandach will also decide whether to accept or decline the case.
What makes Fiandach & Fiandach different from a general criminal defense firm?
Our distinguishing feature is focus. Rather than treating DWI as one of many unrelated practice areas, Mr. Fiandach has devoted decades to DWI defense and related vehicular crimes. That includes courtroom advocacy as well as detailed work involving breath tests, blood evidence, and other technical issues that can play an important role in these cases.
What should I bring when speaking with Mr. Fiandach about my case?
Bring any documents you received in connection with the arrest or charge, along with information about upcoming court dates and any other materials that may relate to the incident. Even if you do not have everything yet, you can still contact the firm to begin discussing your situation.
Contact us today to schedule a consultation and take the first step towards a successful defense.
160 Allens Creek Rd Suite 110, Rochester, NY 14618
Serving Monroe County, Ontario County, Wayne County, & beyond
Business Hours
Monday – Thursday
8:00 AM to 5:00 PM
Friday
8:00 AM to 3:00 PM
Saturday & Sunday
Closed
