Staten Island DWI Lawyer

Top-Rated DWI Attorney in Staten Island

Being arrested for driving while intoxicated (DWI) is one of the most stressful experiences you can face, especially if it is your first encounter with the criminal justice system or you are unsure about your legal rights. After an arrest, it is important to work with a Staten Island DWI lawyer who can help you defend against a criminal conviction, protect your driving privileges, and minimize the long-term consequences of a DWI case on your life.

Why Work With Us?

At Greco Neyland, PC, our attorneys have unique experience and qualifications that allow us to develop complex and effective defense strategies for our clients. Attorney Jeff Greco is a Drug Recognition Expert, is trained to conduct standardized field sobriety tests, and has been trained in DWI defense tactics at Harvard Law School. Dustan Neyland has also completed the American Chemical Society’s Forensic Chromatography Course.

Through these advanced trainings, our team has the knowledge of New York DWI laws, the ability to analyze police conduct, and the scientific understanding needed to provide clients with a thorough defense.

An Overview of DWI Charges on Staten Island

DWI is a common offense in Staten Island and is responsible for a large portion of accidents and traffic violations. In New York, more than 30% of all traffic accidents involve a drunk driver, and nationally, 11,904 people died in an accident involving a drunk driver in 2024. Because of the risk posed to the driver and other road users, New York law enforcement, prosecutors, and judges all take these cases extremely seriously.

Under New York’s DWI laws, you can be convicted of DWI if the prosecution can prove that you were driving with a blood alcohol concentration (BAC) of 0.08% or higher, or while your driving abilities were impaired by either alcohol, drugs, or a combination of the two. For some drivers, such as drivers with a commercial driver’s license or drivers under 21, the BAC limit may be even lower.

Types of DWI Penalties You May Face

The exact DWI penalties you can be sentenced to depend on factors such as your criminal history, your BAC, whether anyone was injured or killed, or whether you refused a chemical test. Because the potential penalties can vary so much, it can be valuable to hire a DWI lawyer who can explain your case and identify a plan for pursuing reduced or alternative penalties.

Some of the examples of common DWI penalties in Staten Island include:

• Jail time: While it is possible to avoid jail time for certain low-level DWI offenses, imprisonment is a common outcome. A first DWI offense is punishable by up to one year in jail. Often, offenders face jail time, as well as court-supervised probation.
• Fines and fees: If you are convicted of a DWI, you can be required to pay a fine. In addition to this fine, there are other expenses, such as license reinstatement fees, mandatory surcharges, a crime victim assistance fee, and an alcohol fee, depending on your case.
• License revocation: The DMV can revoke your license if you are arrested for DWI, often for a year or more. This revocation is an administrative penalty, which means it is handled through the New York DMV, rather than being a court-ordered penalty associated with your criminal sentence.
• Installation of an ignition interlock device (IID): An IID is a device designed to prevent future instances of DWI by requiring you to pass a breathalyzer test before driving. Beyond the inconvenience of this, you are typically required to pay for this device.
• A permanent criminal record: Having a DWI on your record can impact your employment, housing, professional and personal reputation, long-term opportunities, firearm rights, and many other aspects of your life. A DWI is permanently on your criminal record, which means the effects of a criminal record remain, even if you have completed your sentence.

Defense Strategies in a DWI Case

There are many strategies for defending against a DWI charge that can be effective. The right strategy depends on the specific facts surrounding the alleged offense, arrest, and investigation, which is why you should work with a Staten Island DWI attorney who can evaluate your case and explain your legal options. Potential strategies may include:

• Challenging the legality of a traffic stop: In order to conduct a traffic stop, a law enforcement officer must have probable cause. In a DWI case, this often involves observing erratic driving behaviors, unusual or unsafe speeds, or open containers in the car. If an officer did not have a valid reason to conduct a traffic stop, you may be able to defend against criminal charges.
• Challenging field sobriety test results: The results of a field sobriety test can be affected by many factors, such as weather, road conditions, or medical conditions. A lawyer can evaluate whether there are any alternative explanations for test results, or they may identify that testing was improperly administered. Proving these errors may mean that the test results cannot be used against you.
• Identifying errors with a chemical test: Issues with a chemical test can arise through several different errors. This includes a misadministered test, faulty or miscalibrated equipment, or issues with the chain of custody.

What Happens After a DWI Arrest

After a DWI arrest on Staten Island, it is important to understand what happens next in order to preserve your ability to defend against criminal charges. Immediately after the arrest, you can be taken into police custody for booking. In Staten Island, booking typically happens at the NYPD 120th Precinct at 78 Richmond Terrace. Here, law enforcement may:

• Collect your basic personal information
• Collect your personal belongings, including your driver’s license
• Take photographs and fingerprints
• Conduct a chemical test, such as a blood, breath, or urine test
• File a police report

Officers may also attempt to question you about the offense or the surrounding facts. However, it is important that you do not provide anything beyond your basic personal information, as you may provide a statement that prosecutors can use against you in court. Instead, request to hire a DWI lawyer as soon as possible, and wait for their guidance before providing a statement, answering any questions, or consenting to any searches.

After booking, you are brought before a judge for arraignment. This is your first court hearing, and it is where your charges are formally read to you, and a judge decides your release conditions. After this hearing, you and your attorney can work to gather evidence and build a defense strategy against your charges. Having this defense ready is important for future hearings.

Simultaneously with your criminal case, there can be an administrative case with the New York DMV. It is important to have a hearing with the DMV to avoid license revocation, as these penalties are handled separately from your criminal case.

FAQs

Can a Lawyer Get a DWI Dropped?

A lawyer cannot guarantee that a DWI case is going to be dropped, as that decision lies with the prosecutors and the judge, and depends on the specific details of the case. However, an attorney can identify weaknesses that may support dismissal, such as unlawful traffic stops or problems with chemical testing. If there is cause to dismiss your case, a lawyer can highlight these weaknesses and take the appropriate actions to push for dismissal.

Can a DWI Be Dismissed in New York?

Yes, it is possible for a DWI to be dismissed in New York. There must be grounds for dismissal for a case to be dropped. Common reasons for a case to be dismissed include if the prosecution has insufficient evidence, if a chemical test is unreliable, or if there was an illegal traffic stop or arrest. If you hire a DWI lawyer, they can identify whether dismissal is realistic and whether any defense strategies improve the likelihood of dismissal.

How Often Do DWI Cases Get Dismissed?

DWI cases are rarely dismissed in New York. It is unlikely that a DWI case is dismissed because prosecutors generally are able to gather enough evidence to prove a DWI, and it can be difficult to prove errors in their case. However, whether a DWI charge can be dismissed depends on the specific details of your case, rather than a general statistic, making it important to speak with a Staten Island DWI attorney about your case.

Can You Refuse a Chemical Test in New York?

No, you cannot refuse a chemical test in New York. New York has an Implied Consent Law, which means that drivers are considered to have given their consent to chemical testing if they are arrested on suspicion of DWI. If you refuse a test, you may face penalties such as license revocation or a fine, and your refusal may also be used as evidence against you during your court case.

Hire a DWI Lawyer From Greco Neyland, PC

At Greco Neyland, PC, we understand how scary it can be to be charged with a DWI in Staten Island. We are ready to guide you through this process, so you know what to expect and what to do at each step. Contact us today to speak with a lawyer about your case.