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DWAI

DWAI

Most people know that a person can be convicted of drunk driving with a blood-alcohol content (BAC) of 0.08. However, that is not the only circumstances in which a person can be convicted of criminal charges for driving under the influence. A charge for driving while ability impaired (DWAI) can also have a significant impact on your life, including losing your driving privileges.

Manhattan DWAI Lawyer

If you face charges for driving while ability impaired, the best decision you can make is to hire a skilled attorney who will fight for you. At Greco Neyland, PC, our dedicated Manhattan DWAI lawyers will carefully review all circumstances in your arrest and do everything we can to have your charges reduced or dismissed, including challenging the basis of the traffic stop and any tests you may have taken.

Call us today at (212) 951-1300 to schedule a free consultation to discuss your DWAI arrest and developing a strategy for your defense. We represent people arrested in New York County and Kings County.

New York DWAI Information Center

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Test Results in a DWAI Case

Having a BAC of 0.08 or above means you are “per se” intoxicated, meaning that, under the law, you are intoxicated regardless of the extent to which your physical or mental faculties are actually impaired by any substance. If you have a BAC of 0.08 or above, you are charged with DWI (Driving While Intoxicated).

However, New York Vehicle and Traffic Law (VTL) § 1192 prohibits any person from driving if they are “impaired.” This includes those who may test under 0.08 BAC, but whose ability to drive is believed by police to be affected by intoxicating substances.

If you take a chemical test that shows results that are positive for alcohol but do not meet the 0.08 threshold for per se intoxication, and the officer believes your abilities are impaired, you will still be arrested, and you may face DWAI charges.

Typically, a test result of a BAC between 0.05 and 0.07 can lead to a DWAI arrest. Under VTL § 1195, a test result under 0.05 is “prima facie” evidence that a person is not impaired or intoxicated. However, under the same law, a BAC between 0.05 and 0.07 is “relevant” evidence that a person is impaired.

A BAC between 0.07 and 0.08 is prima facie evidence that a person is impaired.

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Penalties Remain Severe for DWAI

A DWAI is a slightly less severe charge than a DWI. However, that does not mean that a DWAI should be taken lightly. Far from a minor inconvenience, a DWAI can mean losing your ability to drive.

A first DWAI offense for alcohol alone, if convicted, will result in:

  • A fine between $300 and $500
  • Up to 15 days in jail
  • License suspension for 90 days

For a second DWAI offense in five years, penalties go up across the board, and you will lose your license for a minimum of six months.

You will also have a criminal record. It is very likely that your insurance rates will go up dramatically.

Penalties are more severe in a case involving drugs, or a combination of drugs and alcohol.

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Finding the Best DWAI Defense Attorney in Manhattan

If you face charges for driving while ability impaired in Manhattan or Brooklyn, you can have a skilled attorney on your side, fighting for you. Police must have reasonable suspicion to make a stop. We can challenge the grounds they used to pull you over. If, in our investigation, we find that police failed to property clean or calibrate any device used to take a DWI test, we can move to suppress against those test results.

Have a skilled Manhattan DWAI lawyer fighting the charges for you. Call Greco Neyland, PC today at (212) 951-1300 to schedule a free consultation.

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Greco Neyland, PC
535 5th Ave #2500
New York NY 10017
(212) 951-1300

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White Plains, NY 10601
(914) 898-8800

Meet Our Attorneys
jeff-greco

Jeffery Greco

Experience as a former prosecutor gives Jeffery Greco and edge in building the strongest possible defense strategy for the accused in Ney York City


dustan-neyland

Dustan Neyland

A through investigation is key to finding every reasonable doubt and geting charges reduced or dismissed for NYC defense attorney Dustan Neyland.

testimonials

RATED 5/5 BASED ON 52 CUSTOMER REVIEWS

Greco Neyland, PC
Greco Neyland, PC
4.9
Based on 86 reviews
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Mayrelis Guerra
Mayrelis Guerra
00:26 06 Mar 21
wilson similien
wilson similien
15:20 26 Feb 21
Æhmëd Ē
Æhmëd Ē
23:22 15 Jan 21
I’d rate this place more then 5 stars if I could , Mr. Mehdi was welcoming since the first day we arrived at his office. He welcomed us and told us to leave the worrying about the case to him. He was also very quick to respond and answer any questions I had. The day after we hired him he was already on top of the case and scheduling meetings. Best thing I’ve done was go to Greco Neyland pc , now I have a shot at a second chance in life.
Nicholas Mitchell
Nicholas Mitchell
00:11 12 Dec 20
simply amazing! I was extremely nervous about my brother's case but Mehdi was very professional and jumped right into action and took care of the case! He talks the talk and delivers! I would absolutely recommend to anyone and everyone i know.
keshuva pierce
keshuva pierce
12:58 13 Nov 20
I hired Mr. Medhi for my case. He was able to have the Judge throw out the case in a matter of time. Mr. Medhi is easy to reach if I needed to speak to him. He stayed on top of everything done in the courts. Thank you Mr. Medhi for helping me get my life back.
Bernard Etheridge
Bernard Etheridge
01:07 05 Nov 20
I offer the highest possible recommendation for Mehdi Essmidi to represent anyone that requires a criminal defense attorney. Without the help of Mr. Essmidi of Greco Neyland, PC, I know that I would not have had the successful outcome I have had. Mr. Essmidi took the time to comprehend and understand my position. Mr. Essmidi made me feel comfortable as well as keeping constant communication with me while answering any questions I had. Mr. Essmidi made sure to take the time to explain my options so I could weigh the pros and cons and come to a conclusion that I believed was accurate and fair. Mr. Essmidi was a true professional at all times and knows his way around the court system. He went above and beyond what I expected and was fair with his billing as well. I would highly recommend Mr. Essmidi and the firm of Greco Neyland, PC.
Tasha Mundy
Tasha Mundy
21:19 05 Oct 20
Attorney Mehdi Essmidi was a life saver. I was in a very horrible situation, where I reached out to Mehdi on a Sunday, and was able to speak with him regarding my issues. Rather than wait until the following Monday, we set a time to meet & speak so take action in regards to my issues. Fast forward, my case was later dismissed - and my I was able to resume my daily life. Cheers to Mehdi.
Evander Rodriguez
Evander Rodriguez
20:13 25 Sep 20
my brother was arrested and charged for possession of drugs with a kilo he was charged with a class A felony and i called Greco Neyland and spoke to mehdi essmidi and he was the guy that help my out i definetly recommend him. my brother came out. all the charges were dismissed he is a free man now.
hairo duarte
hairo duarte
20:04 25 Sep 20
Mehdi is the best. He work hard and dismissed my case very fast. He knows what he's doing, thank you.
Diana Duarte
Diana Duarte
19:57 25 Sep 20
I hire Mehdi Essmidy to represent my brother and he was able to get the case dismissed in less than a week! He is very responsive and on top of his work, glad I found him. Thank you so much, I definitely recommend him.
shamma Sandhu
shamma Sandhu
22:24 10 Jul 20
Anna Hevron
Anna Hevron
03:55 27 Feb 20
Mehdi never doubted me, and was so personable to work with. He was consistently available to answer my questions, and felt more like a friend than a lawyer. He was extremely thorough, and was able to get my case dismissed. I highly recommend this firm.
Mayrelis Guerra
Mayrelis Guerra
21:04 25 Feb 20
If Google let me put 100 stars as a review, I would put them all. I want to thank the best team of lawyers in New York Greco Neyland and especially Medhi Essmidi who helped us make my dad's case come to a satisfactory resolution after a long year of stress and worry, Medhi believed in the innocence of my Dad and always fight to the end, he is a 100% efficient lawyer and also a very good human being. Thank you very much for everything and God bless you. Greetings from Ariel and Family
Don Penaflor
Don Penaflor
00:18 19 Feb 20
They really help me a lot especially Attorney Mehdi Essmidi.... he answered all my questions, informed me all the details that i need to know, encouraged and understand me, and believes me. I had a lawyer before who gave up on me and wanted me to plead guilty on this case. I thank God, He, let me found this law firm and hired them. Now, my case got dismissed!!! ... i could not ask any result better than that. If anybody needs a lawyer, i suggest, do not hesitate to hire them, it is worth every penny.
Raymond Maldonado
Raymond Maldonado
17:24 18 Dec 19
I strongly recommend Greco Neyland, PC Firm. Since the first day Mehdi Essmidi was professional and answered all my questions, treated me not just like a client but more like a friend. It was a great experience getting able to win the case and having Mehdi as my lawyer.~ Raymond Maldonado
Felix Guerrero
Felix Guerrero
14:57 15 Dec 19
Fazly A.
Fazly A.
15:32 11 Dec 19
Appreciate the help and they did the best they could
Ellen B
Ellen B
16:58 07 Dec 19
From the first moment that Jeff answered my call very early on a Monday morning, I knew that I had found the best attorneys for my son. He helped calm my fears and Medhi called me just about every hour to give me updates on the progress of getting my son out of jail. Both Mehdi & Jeff answered calls and texts on weekends, at nights, during holidays. Mehdi worked tirelessly to get the best possible outcome for my son. He patiently answered any questions I had. I'm grateful beyond words that he basically saved my son's future.
Alexei Kalinin
Alexei Kalinin
21:30 13 Nov 19
From the first consult with Mehdi Essmidi I was put at ease about my situation. Mehdi was confident and professional. He was always easy to reach and explained every step of the process clearly. At the end of several months even the judge said what Mehdi did for me was remarkable, but Mehdi said he would’ve kept fighting it if it wasn’t for my time constraints with work. I place my whole confidence in Mehdi and Greco Neyland, PC and would recommend them every single time.
Babafemi Jacob Ogundana
Babafemi Jacob Ogundana
23:14 17 Oct 19
Christopher Yuda
Christopher Yuda
15:34 09 Oct 19
I hired Mehdi, and I would recommend his services to others. Patient and considerate, and very communicative. Great job.
Sargon Yako
Sargon Yako
20:38 23 Sep 19
Had the pleasure to have met Jeff and Mehdi. Both of these guys treated me like we have been friends for a long time. They kept all the bs off the table and made sure I was taken care of. The dream team of nyc and that is the truth.
Marcial
Marcial
17:31 23 Sep 19
The attorneys at Greco Neyland NYC are reliable, straight forward, efficient, and incredibly effective. After meeting with me, Jeff believed that he could help me; thanks to him and Mehdi I was cleared of all charges and now I am happy to say that they were able to prove my innocence.
M T
M T
01:34 19 Aug 19
Can't recommend this group highly enough. Jeff was fast, professional, and knowledgeable when responding to my inquiry while I was in an extremely difficult situation. I was working with Mehdi who couldn't have been more caring and clear. He consistently made sure I was understanding each part of the process and that I was comfortable with the actions we were taking. Mehdi went above and beyond for me and because of that I got the outcome I was hoping for. Mehdi even took the time to update my family so they could understand the process as well. I can't thank them enough for how much they helped me through one of the most stressful incidents in my life.
Williamss Hays
Williamss Hays
15:47 05 Jul 19
I am very excited that Mehdi and Jeffrey were able to get my entire case dismissed and sealed. They were very attentive to my immigration status, time constraints of my case and my professional needs. Mehdi and Jeffrey were able to pull off a perfect resolution to my case.
Dj
Dj
18:42 24 Jun 19
I was struggling to find an attorney that could match my needs and I stumbled on Mehdi through the web the week of my court appearance. He got 3 counts of misdemeanors down to just a day of community service and with a 6month period of good behavior to have it sealed away completely as this was my biggest fear of having a record for 1 bad drunk night out. Very down-to-earth guy easy to communicate , and overall a smooth attorney to work with helped made the process easy to understand. I'm still surprised at how he pretty much only had a day to prepare but nailed it in courtroom to have my case pretty much dismissed. A1 attorney ,effecient, and just overall pleasant experience . Highly recommend!!!! Best of luck Mehdi thanks again.
Flavio Brino
Flavio Brino
14:09 11 Jun 19
Thank you, Greco Neyland for the excellent and professional work you did and the final outcome of my case! The initial case review was very productive, I was heard and received all the information I needed and, through the development of the case, I received all the support! Fully recommended!
Xris Pennington
Xris Pennington
14:16 18 Apr 19
One call from Jeff made everything go away.
Adolfo Winciaspet
Adolfo Winciaspet
01:00 08 Mar 19
A lawyer friend referred me to Jeff. He was real with me about expectations and jail time was a real possibility. I expected the worst but hoped for the best. It took no time for him to get me an amazing deal with the judge. Five stars isn't enough to reflect his true value as an attorney.
Ruby Tamar
Ruby Tamar
05:44 06 Mar 19
I found myself in legal trouble during the summer of 2018 - a foreign, unenviable, and emotionally exhausting situation to say the least. Until I met and sat wit Brian that I felt a sense of relief. Consultation was extensively insightful and informative. I'm happy to say, a few months later, the best possible outcomes were attained, my life is on track towards normal again.
Christina Hamilton
Christina Hamilton
07:28 19 Feb 19
Incredible attorney. He accepted my case and explained his strategy. His confidence calmed me down during this stressful situation. He is very well prepared and likes to have things ready ahead of time. When the court day came, he was able to get my charges dropped to a lesser charge. He made the best out of an bad situation. I would definitely recommend him.
Shannon Conner
Shannon Conner
08:08 14 Feb 19
I was referred to this firm by a friend who also happens to be their client. Jeff's long time experience, professional connections, and respect he has in the law enforcement community have led to the successful dismissal of my case. Hire him.
Edward Piers
Edward Piers
02:35 09 Feb 19
They did an extraordinary job with my case that money couldn't buy. The results were the only thing that I cared about because me having anything on my record would caused me to lose my career. The time and consideration they give their clients is outstanding and I truly appreciate the effort that they put in. hey did everything for me and Handled it professionally.
Marie Vargas
Marie Vargas
15:55 05 Feb 19
It is not until one is faced with a legal matter that one realizes that our legal system is far from perfect, and that innocence does not necessarily exempt you from legal jeopardy. Once caught in a legal matter, there is an emotional and stressful toll to pay which derives from the uncertainty of the unknown. I am very pleased and grateful that I was able to retain Brian’s services to attend to a most unpleasant experience. Throughout the duration, Brian was supportive and understanding. He explained legal lingo in terms that I could understand and often forwarded links to source where I could further understand the matters at hand. Brian displayed a commanding knowledge of his field while exercising caution in offering advice out of his area of expertise. While it is apparent that Brian is adroit in the courtroom, I was able to ascertain that he is a warm and caring professional. As my case developed and eventually unfolded into a very successful resolution, I was very happy and grateful that I had Brian Valerio in my corner.
Joseph Copenty
Joseph Copenty
01:32 04 Feb 19
Pleasurable business in less than pleasurable circumstances. He got the case completely dropped down for me.
Alex Priefichat
Alex Priefichat
03:03 01 Feb 19
Greco Neyland's Office is absolutely superb. I owe so much to them for helping me get through a hard time. 100% give him a call if you get into trouble, you wont find better.
Jann Stelys
Jann Stelys
05:58 25 Jan 19
I was referred to Jeff and had a great experience. I got myself into a little trouble for drug possession and they've done everything possible to work hard on my case. Ultimately the case ended up being thrown out & I still have a clean record! Thank you again Jeff!
Donna Harmon
Donna Harmon
07:21 23 Jan 19
Really appreciate Mr. Jeffrey's legal knowledge to navigate through the system. He helped me clean up my record and I couldn't be happier.
jessica eli
jessica eli
23:51 26 Oct 18
Excellent job !!!! Excellent service !!! Jeff is professional and changed my life ! I almost got DWI , instead got me violation . Thank you Jeff and his team ! Sofya future nurse 👩‍⚕️ 🙏
Constantin Geanakoplos
Constantin Geanakoplos
19:02 03 Sep 18
I hired Jeff Greco and his colleague Brian Valerio to represent me in a dubious disorderly conduct charge, and I can say with full certainty that if you are in a similar position, they are the guys for you. From beginning to end, they were by far the most professional team I consulted, and as a result they were the ones I chose to represent me in court. At the hearing, the judge initially handed out an ACD, but Brian Valerio cleverly argued against the ruling and got the case completely dismissed within a few minutes. Greco Neyland is on the more expensive side, but if you have the means to bring these guys on board, they are worth the investment. This is your future, after all!
Yuling Yang
Yuling Yang
16:09 22 Aug 18
Choosing Brian was THE BEST decision we ever made. Through the entire process, Brian tried his best to fight for the best result, met with the assigned ADA and we were eventually able to get the case dismissed straight away. We could never asked for a better result! Brian has a strong personality in court, and we have complete faith that he would do his best to fight for us. To those who are looking for an attorney --- Brian Valerio is the guy!
Chris S.
Chris S.
19:00 13 Jul 18
When I found myself in trouble I was referred to Jeff Greco as the solution to my problem. The first day I walked into his office and talked with him and his associate Brian Valerio to explain my case. Their level of attention to work and get the best results in my case was beyond my expectations. Both, Jeff and Brian, would provide me with answers every time I had a question regarding my case, without a doubt, they were always available to provide me the best service. Jeff and Brian managed to minimize my charges. To this day, I am very thankful I selected the right team to solve my case. Best attorneys you can have on your side.-Christian S
Michael Yu
Michael Yu
22:21 03 Jul 18
It was a pleasure working with Brian Valerio on my case. He was attentive, prompt and very informative with all the questions I had. I would highly recommend working with him on any case or questions you might have.
Joanne Nevares
Joanne Nevares
16:30 03 Jul 18
At first it was hard to find the proper dedicated attorneys in the Westchester Area for my needs but once I came across Greco Neyland attorneys I knew for sure that they would handle my needs with passion and care as they proved to do so. Jeff and Brian are both dedicated, knowledgable and passionate attorneys that alleviated a lot of stress and confusion, for that I am appreciative and I definitely would recommend anyone who is in need of an attorney to reach out to Greco Neyland Attorneys at Law.
Sofia Gentry
Sofia Gentry
03:36 26 May 18
Jeffrey Greco is a friend in need! My best friend acquainted this firm with me and I am extremely grateful for having them to assist us with my case. It happened a few months ago, I got a speeding ticket going 90 mph in a 50 zone and caught driving under the influence of liquor. Within only two or three weeks working with this firm, my case was diminished to a negligible fine with 30 day community service. They were exceptionally expert and they made the whole procedure simple and stressful. I exceedingly recommend this firm!
Claudia Briver
Claudia Briver
08:04 25 May 18
My sister found Greco Neyland through the internet search and we were very impressed with the reviews we read from their previous clients. I contacted this firm and they were able to respond immediately. Set an appointment with them for consultation and came the next two days. As I arrived, the staffs greeted with smiles on their faces and assisted us quickly. Explained to them about my situation, submitted my ticket and paid a small fee. They made the whole process very easy and quick. My case was dismissed after a couple of weeks. Thank you guys! Really appreciate everything!
Kathleen Shockley
Kathleen Shockley
08:49 23 May 18
I had a great experience with Greco Neyland and I am very thankful I met them. I was very impressed with how they quickly worked on my DUI case and I was never been disappointed with the service we received from them. Jeff and his team were very attentive, they were always ready to help and they take time to keep us updated at every step of the way. I couldn't be more happier with the results and I will definitely use their service again in the future!
Iris Haughey
Iris Haughey
08:06 22 May 18
My close friend from work recommended Jeffrey Greco and I am very thankful that I met him. I was absolutely impressed with how he was able to quickly worked on my case and the result was beyond my expectation. Everyone in this firm was extremely helpful, always responsive, professional and they never fail to look after. Also, they made the whole process much easier and convenient for us. Again, I couldn't be happier with the result and I can't thank you guys enough for the great help!
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CASE RESULTS
1
FEDERAL FELONY

  Client faced a mandatory minimum of 10 years incarceration, we were able to secure a sentence of 1 day in jail. 

1
BURGLARY

  Client rejected all plea offers. After the trial concluded, the jury needed only 2 hours to acquit client of all felony charges, and even the criminal mischief charge as well. 

1
DOMESTIC VIOLENCE

We were able to convince the Manhattan DA's office to dismiss the case without any ACD at all. The case was dismissed and sealed immediately. 

1
BANK FRAUD

After preparing this case for a JURY TRIAL, the DA's office finally offered a reduced charge  and gave my client a no-jail sentence of probation. 

LEARN MORE
CASE RESULTS
1
FEDERAL FELONY

  Client faced a mandatory minimum of 10 years' incarceration, we were able to secure a sentence of 1 day in jail. 

1
BURGLARY

  Client rejected all plea offers. After the trial concluded, the jury needed only 2 hours to ACQUIT client of all felony charges, and even the criminal mischief charge as well. 

1
DOMESTIC VIOLENCE

  We were able to convince the Manhattan DA's office to dismiss the case without any ACD at all. The case was dismissed and sealed immediately. 

1
BANK FRAUD

  After preparing this case for a JURY TRIAL, the DA's office finally offered a reduced charge  and gave my client a no-jail sentence of probation. 

LEARN MORE

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