In People v. J.S., the defendant was accused of driving while intoxicated based on a breath alcohol content of 0.13. This was well over the legal limit of 0.08.
Mr. DeCarolis took this case to trial and the jury found J.S. NOT GUILTY of the misdemeanor DWI, and instead only convicted the defendant of the violation of DWAI. This distinction spared J.S. from a far more severe punishment and also avoided a criminal record (a DWAI is a non-criminal offense).