Winnipeg Jet Dustin Byfuglien will go to trial on charges of boating while intoxicated.
His lawyer, Mitch Robinson, met with prosecutors and the judge at a pre-trial hearing Thursday in Minneapolis to get the criminal charges reduced.
Robinson said Byfuglien was willing to plead guilty to a lesser charge of careless boating. But the prosecutor has refused to settle.
"The prosecutor and I are miles apart on what we think a fair resolution of the case would be," Robinson told CBC News on Thursday.
"I was optimistic that we'd be able to reach some sort of a fair resolution. I'm not happy about the fact that we weren't. But that's OK. We'll set a trial date and we'll have our day in court."
Byfuglien, 26, was arrested in August on a lake near Minneapolis and charged with boating while under the influence of alcohol and/or drugs and refusing a blood or urine sample.
He pleaded not guilty to the charges in October.
The pre-trial is set for April 19. The trial would likely happen in June, Robinson said, adding he hasn't decided if he'll put Byfuglien on the stand.
Passed breathalyzer test
According to court documents, Byfuglien passed a breathalyzer test after a Hennepin County sheriff's officer stopped a boat he was driving on Lake Minnetonka on Aug. 31.
However, the arresting officer noted that Byfuglien had trouble speaking, was unsteady on his feet and smelled of alcohol.
Byfuglien refused to give a blood or urine sample, so he was examined by a police drug-recognition expert who concluded that he was under the influence of a controlled substance.
Byfuglien has also been accused of failing to display proper lights and failing to provide enough flotation devices for those on board the boat.
Refusing the blood or urine test is the most serious charge. It carries a maximum of one year in jail, a $3,000 US fine, or both. The other three charges each carry a maximum of 90 days in jail, a $1,000 fine, or both.
The maximum penalty for careless boating is 90 days in jail and a $1,000 fine.