DWI Defense

Defending our clients against charges of driving While intoxicated
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DWI Defense Attorney In Rochester, New York

DWI Charges Are Serious

A DWI (Driving While Intoxicated) charge is a serious offense with potentially life-altering consequences, including loss of driving privileges, hefty fines, and even jail time. If you’ve been charged with a DWI, it’s critical to have an experienced attorney by your side to protect your rights and provide a strong defense.

What DWI (Driving While Intoxicated)?

In New York, DWI (Driving While Intoxicated) is the charge applied when a driver is found operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. DWI applies to alcohol impairment and is one of the most serious charges related to impaired driving. There are different forms of DWI, depending on the BAC level and the circumstances:

Standard DWI: This is the charge when a driver's BAC is at or above 0.08%. It is considered a misdemeanor for first-time offenders but carries significant penalties such as license suspension, fines, and possible jail time.

Aggravated DWI: If a driver’s BAC is 0.18% or higher, the charge becomes aggravated DWI, which carries harsher penalties, including longer license suspensions and increased fines.

Felony DWI: A DWI charge can be elevated to a felony if the driver has prior DWI convictions within the last 10 years or if other aggravating factors, such as causing an accident with injuries, are present.

Contact Brian C. Buettner, Attorney At Law to schedule a consultation with a lawyer today. 585-454-1760

Defending Against DWI Charges

At Brian C. Buettner, Attorney at Law, we understand that DWI charges can be complex and stressful, and we are committed to providing an aggressive defense to protect your rights and minimize the impact of the charges. Some of the defense strategies we may use include:

  • Challenging the Traffic Stop: Law enforcement must have a valid reason to stop your vehicle. If the stop was unlawful, any evidence gathered afterward, including breathalyzer results, may be inadmissible.
  • Questioning the Accuracy of BAC Tests: Breathalyzer machines and blood tests are not infallible. We will scrutinize the calibration and maintenance records of the devices used in your case, as well as the procedures followed by law enforcement, to determine if errors were made.
  • Field Sobriety Test Issues: Field sobriety tests are often subjective and prone to errors. Factors such as uneven ground, weather conditions, or medical issues can affect performance. We will challenge the validity of these tests in court.
  • Rising BAC Defense: Alcohol takes time to be absorbed into your bloodstream. If your BAC was below the legal limit while you were driving but increased by the time you were tested, we may argue that you were not intoxicated while operating the vehicle.
  • Medical Conditions or Medications: Certain medical conditions, such as acid reflux, or medications can produce false positives in breathalyzer tests. We will explore whether these factors played a role in your case.

Navigating the Nuances of DWI Arrests

DWI arrests can be complex. When seeking legal representation, ensure your attorney grasps the intricacies of the law. This approach maximizes your chances of reducing the severity of your penalty. Ideally, you might even overturn the charge and walk away unscathed.


With more than three decades of experience, Brian C. Buettner has defended countless clients against DWI charges in New York. Brian C. Buettner Attorney at Law is here to provide the experienced and aggressive defense you need. Contact us today for a confidential consultation to discuss your case and explore your legal options.

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Have Questions?

Call Brian C. Buettner, Attorney At Law at 585-454-1760 today to speak to an attorney.

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