Answering Your Questions & Addressing Your Concerns

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 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?

Yes, a DWI conviction in New York will remain on your driving record permanently. It is a serious offense that can have long-lasting consequences.

Interstate Licensing Issues

What is the Interstate Compact?

It is an agreement between states to impose a nationwide revocation/suspension system for motorists convicted of alcohol-related offenses to prevent them from avoiding penalties by crossing state lines.

Can I travel to Canada if convicted?

No, a New York motorist convicted of an alcohol-related offense will be barred from entering Canada for a mandatory 10-year period. Rehabilitation options exist, but it is recommended to consult with a Canadian law firm for guidance.

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?

No, because effectively cross-examining arresting and testing officers, a crucial defense strategy in DWI cases, requires experience that former prosecutors may lack.

Commercial Driving Issues

Can a CDL holder convicted of DUI obtain a limited-use license with commercial privileges?

No, CDL holders are no longer eligible for a conditional license with commercial privileges since September 30, 2005.

Can a CDL holder convicted of DUI obtain a limited-use license with non-commercial privileges?

Yes, first-time offenders may be eligible for a limited-use license with non-commercial privileges if they meet the requirements for a pre-conviction conditional license or a conditional license post-trial.

Can a CDL holder convicted of DUI obtain a limited-use license with commercial privileges?

Is a hardship privilege available for CDL drivers awaiting a DUI trial? In some cases, a court may issue a hardship privilege to a CDL holder pending prosecution, but it cannot be used for operating any motor vehicle that requires CDL privileges.

Have the revocation minimum periods for CDL holders been increased?

Yes, commercial driving privileges will be revoked for a minimum of one year if a CDL holder commits certain major traffic offenses, including refusal to submit to a chemical test, leaving the scene of an accident, a DUI offense, or operating a CMV with a revoked or suspended CDL.

Chemical Testing and Breathalyzer

What if I refuse a chemical test?

Technically, you can refuse a chemical test, but doing so will result in the suspension of your driver’s license, even if you are not ultimately convicted of a DWI.

Are breathalyzer tests accurate?

Breathalyzer tests can provide an estimation of your blood alcohol concentration (BAC), but they are not foolproof. Various factors can affect the accuracy of the test, and the results can be challenged in court by an experienced DWI attorney.

Fiandach & Fiandach
160 Allens Creek Rd Suite 110, Rochester, NY 14618

Serving Monroe County, Ontario County, Wayne County, & beyond

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Primary Phone: 585-400-4394 (4DWI)

Other Phone: 585-244-8910

Fax: (585) 244-4863

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Business Hours
Monday – Thursday
8:00 AM to 5:00 PM
Friday
8:00 AM to 3:00 PM
Saturday & Sunday
Closed