Settlement options are also set forth in the VTL. It is my experience and my practice that DWI cases rarely go to trial. Those that do are usually not merely DWI cases, but are cases where people have been injured or killed because of an accident, and the defendant is charged not only with DWI, but some much more serious felony of which DWI may be an element.
Most of the cases of AUO and DWI involve an attempt either to get a plea of guilty of a lesser included offense or to get a sentence that is less than the maximum permitted by law. Obviously, the Breathalyzer results are an important factor in determining settlement options. In many jurisdictions, if the Breathalyzer result is not much higher than the minimum required for a finding of DWI, a plea to DWAI may be permitted. If someone has been injured, and there is no question that the defendant was the driver of the vehicle that caused the injury, cooperation with the driver’s insurance company is important to make sure they do not try to disclaim coverage.
