Our client was charged with common law DWI, failure to yield the right of way at left turn, and failure to take a preliminary breath test after a two-car accident in Cortland County in 2014 the accident resulted in injuries to occupants in the other car. She was arrested after law enforcement’s investigation into the incident found she smelled of alcohol. She could not complete field sobriety tests, and she made statements about being drunk from the previous night and that she knew she was going to get a DWI. She refused the chemical test at the station saying that she knew she would fail it. Our client remembers none of this due to the circumstances of the accident, but she felt that she was not guilty of the misdemeanor charge of DWI. The People refused to make a non-criminal offer and it forced our hand into trial. Following a three-day jury trial, our client was acquitted of the top count of misdemeanor DWI and avoided a license revocation and the ignition interlock device. She was convicted of DWAI and the related traffic tickets and she received no jail time as a result.