The nation’s capitol may be the most dangerous place in the
country to drink and drive. It enforces the harshest and hardest
hitting drunk driving laws in the U.S. Drivers have been arrested for
blood alcohol content (BAC) levels as low as .01%, although the legal
limit is .08%. In fact a lawyer was recently arrested after having one
glass of wine with dinner whose BAC was .03%. Washington, D.C. is one
of the few jurisdictions where you can be arrested and convicted with a
BAC below the legal limit.
The reason is the police department policy. Washington DC drunk driving
arrests are left to the discretion of each officer, citing that
according to the Washington DC code there is a zero tolerance for
drinking and driving.
However recently, drivers with a below legal limit BAC level may be
offered the alternative of paying a fine of $400. If they refuse to pay
the fine the Department of Motor Vehicles will suspend their
driver’s license.
In Washington DC the basic term ‘DUI’ means driving while
intoxicated with a BAC of .08% or higher, and not having the normal use
of your mental or physical faculties by reason of the introduction of
alcohol, a controlled substance or a combination of these or any other
substances into the body. However, a person can be determined to be
intoxicated and impaired due to alcohol or other drugs regardless of
their BAC level.
There are primarily three ways in which you can be charged with
drinking and driving: "driving under the influence" (DUI) with a BAC of
.08% and higher, "driving while impaired" (DWI), or "operating a motor
vehicle while impaired” (OWI). DWI/OWI are generally the least
serious.
When charged with a DUI (the most serious of the three), the BAC must
be at least .08 or greater. A DWI (the second most serious charge of
the three) is charged when drivers have a blood alcohol content (BAC)
level between .04 and .08%. An OWI charge is the least serious of the
three, but still carries significant consequences. The primary benefit
people gain from agreeing to plead guilty to an OWI charge is that in
most cases, any other charges related to their arrest will generally be
dismissed as part of the plea agreement.
The Washington DC DUI ‘per se’ law states that a blood
alcohol content of .08% by itself constitutes impairment to a degree
that you are assumed to be unsafe behind the wheel. However, you can
also be prosecuted for driving ‘under the influence’ if it
can be proven that you were driving in an unsafe manner. Under this
theory circumstantial evidence, such as slurred speech, blood shot,
watery eyes, unbalanced coordination, hazardous driving, and field
sobriety tests can be proof that a driver was ‘under the
influence’ and ‘impaired’.
Every driver in Washington DC has given their ‘implied
consent’ for a blood alcohol test (BAC) when they received a
license. This means their breath, blood, or urine will be tested for
alcohol and/or drugs when under the suspicion of a Washington DC DUI
charge. You should note that you have the right to a second test at
your own expense at a place of your choice. When blood is drawn with or
without a request from law enforcement, it is extremely important to
have your Washington DC DUI attorney contact the hospital or lab
immediately with notice of the federal confidentiality law and to
assert your patient’s rights regarding confidentiality of medical
records.
If you haven’t been drinking or you believe that you might have
been ’impaired’ from a benign source such as alcohol based
paint or solvents, mouthwash, prescription or over-the-counter drugs be
aware that you can still be arrested for a Washington DC DUI, even
though you are not “legally drunk”, and are still subject
to ALR (automatic license revocation).
After being charged with a Washington DC DUI you’re going to face
two adversaries: the criminal courts, and the Washington DC Department
of Motor Vehicles (DMV). If your license was suspended or revoked
because of a DUI, you will be offered a formal hearing. You have the
right to make a request within 7 days for an administrative hearing
(after receiving a notice of license suspension) with the Washington DC
DMV to try avoiding losing driving privileges. Your license will be
lost if a hearing is not requested, for not appearing, or for an
unsuccessful outcome. And DMV sanctions can also be imposed even if you
are found not guilty in a criminal court case.
DMV hearings may be a crucial opportunity to let your Washington DC DUI
defense attorney cross-examine and rebut testimony, confront evidence
offered by those involved in your arrest and investigation. It is
possible to receive a driver’s license suspension for a DUI
conviction, and a suspension for a BAC test refusal or failure. DMV
penalties and court sanctions may seem similar, but they are separate.
However, they usually run concurrently (at the same time).
Be advised that Washington DC has an out-of-state Driver’s
License Compact Agreement. This means that Washington DC DUI
convictions will be reported to your home state which will generally
take action to suspend your license. Offenses for out-of-state drivers
can also create other complications. Consequently, it’s
imperative that you contact a local Washington DC DUI attorney to walk
you through the procedures and insure that you don’t face
complications with bail, jail, and your driving privileges.
Across the country DUI laws and evidentiary procedures are being
challenged, while at the same time state laws are becoming more severe.
To be certain that you have the correct and current knowledge contact a
Washington DC DUI specialist. In any case, when you are stopped and
arrested for suspicion of a Washington DC DUI, request to see a DUI
attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an
officer had probable cause to think you were driving in an impaired
manner. Arrests for drunk driving in every state focuses on four areas:
driving patterns, physical appearance, field sobriety tests, and
chemical tests.
Not all reasons offered by officers are legal. Check with a Washington
DC DUI attorney who will examine all the different aspects of your
case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will
incriminate you. Most people say that they have had a "couple of
drinks” which is not necessarily incriminating. However such
"statements of consumption" will be used against them in court or at a
hearing.
And if you plan to refuse a sobriety test – which may not be the
best action – you should inform the officer who stopped you that
you would rather wait until instructed by a Washington DC DUI lawyer.
But be advised if you refuse the test under the implied consent law you
can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a
request is made, they are obligated to provide an opportunity to make a
call, hopefully to a Washington DC DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Washington DC DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor
vehicles, DUI charges and Washington DC drunk driving laws should be
taken very seriously. Washington DC DUI convictions and penalties can
be long lasting and severe, both in court and with the Washington DC
Department of Motor Vehicles, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your
defenses thereby mitigating your penalties. A Washington DC DUI defense
attorney will level the playing field between you and the prosecution
in an effort to provide and preserve your constitutional rights.
When considering consulting a Washington DC DUI attorney, take into
account the impact of a criminal conviction: possible loss of voting
privileges, increased cost or cancellation of auto insurance, lost
educational opportunities, inability to rent or own cars, restrictions
on travel, damage to security clearances, job barriers, possible harm
to professional credentials or certifications, and the loss of freedom.
Don’t you think these rights, possessions, achievements and
abilities are worth protecting?
What’s A Washington DC DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving while
intoxicated is attorney fees. As cases vary, so does cost. Most people
don’t realize that money spent now on skillful help from a
Washington DC DUI attorney might save them thousands of dollars in the
years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative
services, regulated by state penal or vehicle codes violated. They can
be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test"
is voluntary, but do not expect an officer to inform you of this.
According to the National Highway Traffic Safety Administration
(NHTSA), the only tests that have been shown to have some relevance to
establishing legal intoxication are the One Leg Stand, the Heel-to Toe
and the Horizontal Gaze Nystagmus (HGN). The results of these tests
will be entered as evidence against you. But even under laboratory
conditions, these tests have only been established to be accurate in
predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (Blood Alcohol Content) Test?
Refusal can carry penalties which may be more severe than a DUI
conviction. The arresting officer will take your license and it will be
automatically suspended. You may request a hearing within 7 days of the
arrest to contest the validity of the confiscation or driver’s
license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
A plea bargain means that you agree to plead guilty to some lesser
charge or having your attorney and prosecutor mitigate the penalties.
Practiced Washington DC DUI attorneys often times will be able to
negotiate a plea to a lesser charge as many cases are resolved prior to
trial. The plea bargain is extremely advantageous to anyone accused of
a Washington DC DUI, but remember even a conviction to a lesser charge
will still count as a ‘prior’ for calculating penalties for
future offenses.
It is next to impossible to plea bargain a Washington DC drunk driving
charge without an experienced Washington DC DUI lawyer. Often effective
DUI counsel will be able to negotiate a plea to a lesser charge.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to
contest”) is an alternative to a guilty or not guilty plea. While
not technically a guilty plea, a nolo plea has many of the same
effects, but with some mitigating circumstances. In most states you can
only plea nolo once in DUI cases. Generally a judge decides whether a
nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Washington DC DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Washington DC DMV and the Criminal Courts Double Jeopardy?
Like most states, Washington DC law permits the enforcement of
administrative penalties in addition to court punishments, as the state
considers driving a privilege, not a right, and not subject to civil
liberties. The Department of Motor Vehicles administers driver’s
licenses, imposes civil penalties, serves as the judge, jury and also
deals out punishment.
What if I Am An Out-Of-State Driver?
Washington DC DUI convictions will be reported to your home state which
will generally take action to suspend your license. Offenses for
out-of-state drivers can also create other complications. Consequently,
it’s imperative that you contact a local Washington DC DUI
attorney to walk you through the procedures and insure that you
don’t face complications with bail, jail, and your driving
privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you
have the right to a jury trial with presumption of innocence, but once
convicted, it can be up to the judge what punishment you will receive.
The sentencing range, and whether the offense will be a misdemeanor or
a felony, is based on a number of things including the number of prior
convictions including any previous Washington DC administrative or
criminal court drunk driving suspensions, for refusal to submit to a
BAC test, or any ‘operating while intoxicated’ convictions
in other states. There are also penalty enhancements due to aggravated
circumstances.
In addition, a judge may require you to participate in alcohol or drug
treatment programs as part of a parole (probation) program or have an
ignition interlock device installed on your vehicle, or even have your
vehicle seized and forfeited.
Is There A “Look Back Period” in DC?
This period goes back 15 years. This means that a DUI offense committed
within 15 years can be used as a prior conviction and used to enhance
penalties.
Are There Alternatives to Jail?
Your Washington DC DUI specialist may be able to make arrangements for
drug and alcohol rehabilitation programs, sober living homes, home
arrest with electronic monitoring, work release programs and community
service.
Can I Get a Hardship Driver's License?
1st time offenders after 90 days of the suspension are eligible to
apply for a hardship license. No hardship license is permitted if you
have refused to submit to a BAC test more than 2 times. You must
provide proof of enrollment and complete a DUI School. Failure to
complete the course will result in driver’s license cancellation.
A hardship license is to be used only for work, school, any court
ordered meeting or programs, medical treatment or family emergencies.
What About Enhanced Punishments For Multiple Washington DC DUI Convictions?
Many circumstances may lead to sentence enhancements: prior DUI
convictions, the presence of a minor 17 and younger in the car ($500 to
$1,000 fine and up to 80 hours of community service), speeding,
reckless driving, and causing an accident with injuries or property
damage.
Any time you face multiple or ‘aggravated’ charges, or if
death, injuries or sizeable property damage occurs, the fallout for
Washington DC multiple convictions will get very heavy, including
thousands of dollars in fines, mandatory years of imprisonment, massive
restitution and a loss of license and vehicles for years, if not
permanently
Consequently, we strongly recommend retaining an experienced Washington
DC DUI attorney in order to secure the best possible outcome of a
potentially severe situation.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. The state
estimates that insurance premiums can escalate to over 300% in 5 years.
Rates for your family members, or even for your employer (if you use a
company car), may increase as well.
– Washington DC Criminal Penalties –
For a first OWI, with a low BAC level and no priors, your Washington DC
DUI attorney may be able to arrange pretrial diversion, meaning that by
completing a substance abuse or DUI school, you may be able to avoid a
conviction.
OWI Offenses
1st offense:
$200 to $300 fine.
Up to 30 days in jail.
2nd offense:
$300 to $500 fine
30 days in jail, or 5 days in jail and 30 days community service.
3rd offense:
$100 to $500 fine.
1 year in jail, or 10 days in jail and 60 days community service.
1st DUI/DWI Offense
$200 to $300 fine.
Up to 90 days in jail (depending on BAC).
5 days in jail for BAC of .20% but not more than 0.25%.
10 days in jail for BAC 0.25%.
6 months loss of license.
Alcohol Education and Assessment/Treatment.
May enter the DUI/DWI diversion program. This reduces penalties, but is an admission of guilt.
Not eligible to those with enhanced BAC.
2nd DUI Offense
$300 to $5000 fine.
5 days mandatory to 30 days in jail (depending on BAC).
30 days community service.
Alcohol Education and Assessment/Treatment.
2nd DUI Offense (Within 15 years of a Prior)
$1,000 to $5,000 fine.
Up to 1 year loss of license.
5 days to 1 year in jail.
10 days in jail for BAC of .20% but not more than 0.25%.
20 days in jail for BAC 0.25%.
30 days of community service.
Alcohol Education and Assessment/Treatment.
3rd DUI Offense
$1,000 to $5,000 fine.
10 days to 1 year in jail.
60 days of community service.
Alcohol Education and Assessment/Treatment.
3rd and Subsequent Offenses (within 15 years of a Prior)
$2,000 to $10,000 fine.
2 years loss of license.
10 days to one year in jail.
15 days in jail for BAC of .20% but not more than 0.25%.
25 days in jail for BAC 0.25%.
60 days of community service.
Alcohol Education and Assessment/Treatment.
BAC Test refusal
1st offense:
Up to 1 year loss of license.
$200 to $300 fine.
Up to 30 days in jail.
Alcohol Education and Assessment/Treatment.
2nd offense:
$300 fine.
Up to 2 year loss of license.
Up to 90 day in jail.
Alcohol Education and Assessment/Treatment.
3rd offense:
$1000 to $5000 fine.
Up to 1 year in jail.
Up to 3 years loss of license.
Alcohol teaching and prevention programs, treatment for alcohol abuse,
and assessment for possible alcohol or drug dependence can be required
for DUI offenders in Washington D.C. These steps are often suggested
instead of serving a sentence or paying fines.
– Washington DC DMV Sanctions –
DUI Penalties
1st offense 90 days to 6 months loss of license.
2nd offense 1 year loss of license.
3rd offense: 2 to 3 years loss of license.
Underage Penalties
$100 to $300 fine and loss of license for 90 days for possession of
alcohol or using a fake ID for alcohol. (It is illegal to possess,
transport or consume alcohol if you are underage).
1st DUI offense:
$300 fine and 6 months to 1 year loss of license
1 year loss of license for refusal of a BAC test.
Commercial Driver’s License
BAC of .04% or under the influence of a controlled substance/or refusing a BAC test.
1st offense: 1 year disqualification.
3 years loss of license for hauling hazardous material with DUI.
Subsequent offenses: lifetime disqualification.
– Disclaimer –
Only experienced Washington DC DUI attorneys should provide you with
bonafied legal advice concerning Washington DC DUI laws. Consequently,
the aforementioned information on this web site should not be construed
as legal advice, rather suggestions and a range of helpful information
and should not be substituted for speaking with accredited Washington
DC DUI attorneys. There is no warrantee, expressed or implied herein.
These issues are complicated, laws change and litigation takes
experience. Please let us refer you to a seasoned professional
Washington DC DUI attorney specializing in DUI cases.
– Citations –
District Columbia Municipal Regulations Title 18 Vehicle and Traffic Code.
Chapter 3 License suspension, etc.
Chapter 12 CDL §383.51 Disqualification of drivers.
Chapter 30 Adjudication and enforcement
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