A DWI is one of the most serious charges most New Yorkers will ever face. Most of the people who walk into our offices because they’ve been charged with a DWI are decent people who have never been in trouble in their lives. Driving while over the legal blood alcohol limit is an easy and common mistake to make, but that doesn’t mean you aren’t in serious trouble if you’re being accused of committing this crime.
If you’ve been charged with a DWI it’s important not to panic. If you’ve never been charged, it’s still important to understand your rights and responsibilities during a traffic stop.
I had one drink, can I still be charged with a DWI?
Yes. The law isn’t concerned with the number of drinks you had. It’s concerned with your blood alcohol levels. A blood alcohol level of 0.08 could mean being charged with a DWI. Some people will easily meet or exceed 0.08 with a single drink.
You could also be charged with a lesser offense called a DWAI (driving while ability impaired) if your blood alcohol level is as low as 0.05. People can and do go to jails for DWAIs, and end up with suspended licenses, to boot.
If you’ve had one drink, stay put, have a cup of coffee, and wait it out for about an hour before getting behind the wheel of your car.
Do I have to comply with a police officer’s request to take a field sobriety test?
No, you do have the right to refuse. Unfortunately, refusing does bring consequences, because under New York law you’ve already consented to taking these tests by driving at all.
Your license will be revoked if you refuse a field sobriety test. However, you won’t give the police evidence they can use against you. It’s a tough choice, and you will likely be alone when you make it.
Do I have to comply with a police officer’s request to take a chemical test?
Refusing a chemical test is about the same as refusing a field sobriety test. However, there may be even more consequences down the line. In addition to having your license immediately revoked you may cut off options for yourself, as the DA will refuse to reduce the charges later.
Police officers can also get a warrant to force you to submit to a blood test. If they have a warrant, you’ll have to take the test.
Are chemical tests ever wrong?
Yes. Chemical tests deliver false positives quite often. Jeffery Greco has taken advantage of this fact many times while defending clients charged with a DWI. He’s able to spot missteps and mistakes by police because he’s a Drug Recognition Expert certified by the National Highway Traffic Safety Administration. He can conduct these tests himself, which means he knows exactly how to call the results into question.
If you think you’re being charged with a DWI because of a false positive, make sure we know when you meet with us. This will inform our approach to the case.
Of course, this might not be the right defense to use. You’ll only know after you contact us, so we can discuss your case and your options. If you’re facing a DWI charge, call us today.
I'm just going to start this review by saying Jeff Greco is amazing attorney. I have absolutely no complaints about the service he provided me. He was knowledgeable, available at all times and very understanding. I can tell Jeff Greco actually cared about me and the situation I was going through. He seemed well connected and respected in the court system community and got my case dropped from a DWI charge to a violation very swiftly. I was going through financial problems, he not once pressured me about payments. Again not only is he an Amazing attorney but also an AMAZING human being. I would recondmend Mr. Jeff Greco to anyone! -Anthony Vargas
2 years ago I was charged with a crime "cash smuggling " I made the mistake of not reporting the amount of cash I was taking out of the USA . Prior to that I've never committed a crime , not even a traffic ticket on my record. So you can imagine what I felt that day that I was arrested. I've never been in a trial before , I didn't know who to call, I didn't know any lawyers in this type of case. Thank God my sister in law worked in a attorneys office so she ask her boss (attorney) if she knew somebody GOOD In this type of cases. Her boss automatically said he needs somebody with power and with a good record -MR. Jeffery L. Greco (Jeff) . Having Jeff by my side was the Best decision I've made in my life. The level of professionalism and caring of this man is Amazing . I've always heard that lawyers are just interesting in the money , it wasn't the case with "Jeff " he wanted me free, he wanted me to keep my job and enjoyed the freedom with my family . He kept money to the side , he worked with me, with my situation , and he was never intimidated by the Judge. I can not stress enough how he treated me through out the entire case, so much respect . I don't know much lawyers, but He is the one you want to defend you. I didn't step a foot in jail, i was able to keep my job, and now I'm enjoying freedom. Jeff and I still text each other here and there , is like we're family , i consider him my friend. I owed my life to this man, best attorney ever. Jose L Cabrera .
first offense for me and i was super nervous. i called multiple attorneys and the first thing they would ask was if you knew my fee. From the moment i spoke to Jeff Greco he made me feel like we were friends and I made a mistake and not to worry he has my back. Jeff was available at all times and when ever I texted he was prompt, no matter how many questions I had, which happened to be a lot. He got my case dismissed and made sure I was comfortable the whole time I time he was defending me. I would definitely recommend Jeffrey Greco.
Very amazing people! Jeff Greco took my case, and made me feel confident from the very first time I met him looked me rite in the eyes and told me everything would be okay. Was with me every step of the way communication was always open was even given his personal cell phone and he was available night and day... Goes without saying that I am very pleased with the service Mr. Greco and his team gave me... Would recommend to anyone 100%... Thank you so much you helped me and my family!
I was facing 20 years to life for a federal conspiracy case. Jeff push for a speedy trail the goverment came down to ten years it being is one time deal offer then came down to three years and finally a week before trial try to change my trial date. Jeff wrote a letter apposing this adjourment which the judge apposed. Two weeks later jeff walk me out from jail with time served. Till this day i can text him and he will answer me jeff is like a friend that i owe my life to. From my experience being in federal jail most attorney wont fight for you because the federal govement is unbeatable the only thing he ask for was for the truth which i did tell him and he took it from there . Thank you jeff
Jeff Greco is a wonderful attorney! He took my case and worked it very hard, he also supported me so much, explaining to me the details. He did exactly what he promised. The case didn't go to trial. Thank you Jeff!!!I strongly recomend this highly professional, wonderful attorney!