Our client was charged with one count of misdemeanor DWI, having refused to supply a breath sample when arrested. He was alleged to have hit a telephone pole and then driven away with damage to the front of his truck. The offer by the DA’s office was that our client plead guilty as charged. The prosecutor stated that our client did not deserve a reduction as he had previously been convicted of DWAI, DWI and then during this incident was involved in an accident and refused the breath machine. We suggested that our client undergo treatment, given his obvious issues with alcohol and driving, and that if we were able to successfully participate in real treatment he be offered a reduction to a DWAI. The prosecutor appreciated that we were taking the issue seriously and seeking ways to correct the behavior and gave us the offer of a DWAI based on participation in sanctioned treatment.