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DC DWI-DUI

DWI DEFENSE IN THE DISTRICT OF COLUMBIA

The District of Columbia has enacted very harsh driving under the influence (DUI) laws and has made the offenses and penalties stricter, including mandatory ignition interlock installation for all convicted DUI offenders. The District’s laws do not require the alleged offender to be over the limit of .08% to be charged with DUI. Simply being impaired while operating or in physical control of a vehicle can result in an arrest for DUI. However, it is important to remember an arrest for DUI does not have to result in a conviction for the offense.

Generally, every DUI case has an administrative proceeding and a criminal proceeding. Anyone who has been charged with driving under the influence of alcohol or drugs should immediately contact an experienced District of Columbia criminal defense lawyer. You only have 10 days after receiving notice to dispute your administrative license suspension. Therefore, it is essential to consult a DUI defense lawyer to begin crafting your best legal strategy today.

A Unique Perspective on DUI Defense

As a former law enforcement officer with over a decade of experience in conducting and instructing officers in DWI investigations, I bring a unique understanding of how DUI and DWI cases are built. Much of the evidence in these cases relies on the arresting officer’s observations, training, and experience. A DWI arrest is a matter of a thousand details, and my background allows me to scrutinize this evidence with a critical eye to preparing a strong defense.

Stages of a driving while intoxicated
criminal charge

A DUI arrest is the result of an officer following a fairly standard investigative process. Each of these stages is filled with legal and evidentiary
pitfalls the officer must get right. Mistakes in any of these stages of the investigation contribute to a defense against the charges. Here, we
evaluate whether the officer properly administered these tests. Equally important is evaluating whether the officer can properly present this
evidence in court if this matter were to go to trial.

The first stage is known
as vehicle in motion

During this stage, the officer observes the vehicle in motion and evaluates driving behavior for any violations of law or indicators of impairment. Here, we evaluate whether the Officer had grounds to make a traffic stop or initiate a DUI investigation.

The second stage is
personal contact

This is the point where the officer first contacts the driver. This is the first opportunity the officer has to directly observe and interview the driver. Based upon this evaluation the officer determines whether to continue their investigation.

The third stage is pre-arrest screening

This stage of the investigation is commonly known as field sobriety testing. These are psychophysical tests that require the driver to perform divided attention tests. These tests are designed to require the driver to do two things at once. The tests are physical, mental, and psychological in nature.

At this point the officer decides if he is going to make an arrest. After being arrested for DUI the driver is taken to a police facility where they are read a section of motor vehicle code that requires them to perform a breath test. At this point a breath, a breath test is administered by an officer. The results from a breath test are admissible in court.

This entire process provides the facts used to prosecute a criminal case.

DUI and Impaired Driving Charges in the District of Columbia

Under District of Columbia law, a prosecutor must prove a person is operating or in physical control of any vehicle in the District while:

  • The person is intoxicated; or
  • While the person is under the influence of alcohol or any drug or any combination of alcohol or drug.
  • Intoxicated is when the person has a Blood Alcohol Concentration (BAC): A BAC of 0.08% or higher on a chemical test.

The penalties DWI convictions are severe and far-reaching. They can include:

  • Jail time up to 180 days
  • A fine of up to $1,000.00 and court costs
  • License suspension or revocation
  • Increased insurance rates
  • Professional licensing and certification consequences
  • Challenges in employment and educational opportunities

In many cases a person is also charged with operating a vehicle while impaired. To prove driving while impaired, a prosecutor must prove a person was:

  • operating or in physical control of a vehicle while, and
  • Impaired by the consumption of alcohol or any drug or any combination thereof.

The penalties for Driving while Impaired convictions can include:

  • Up to 90 days in jail
  • Fine up to $500.00 and court costs
  • License suspension or revocation
  • Increased insurance rates
  • Professional licensing and certification consequences
  • Challenges in employment and educational opportunities

In the District of Columbia, DUI and Driving While Impaired are often charged together. Additionally, an administrative hearing must be requested promptly. Call us for a free consultation—it’s crucial to start preparing your defense immediately.

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