I represented a woman a few weeks ago who was charged with DWI in Nassau County. She blew a .16 BAC which is twice the legal limit. In addition, she struck another motor vehicle causing her vehicle to flip and causing damage to the other vehicle. Typically, when a motorist has a blood alcohol reading that high, the District Attorney will not plea bargain. Moreover, when a motor vehicle accident is involved, that also will usually cause the District Attorney’s office to refuse plea bargaining. When both factors are present such as they were in this case, it is virtually impossible to have the prosecution reduce the charges. However, as I was preparing to litigate this case, I realized that I had an argument for a dismissal and I submitted a motion to dismiss. Fearing that the Judge would grant my motion and dismiss the case outright, the DA’s Office agreed to reduce the DWI to a Driving While Ability Impaired (“DWAI”) which is a non-criminal disposition that is at the same level as a traffic infraction. So while the case started out as a double the legal limit reading with a serious accident, I was able through skillful advocacy to get the charges reduced to a traffic infraction.