FAQ - District of Columbia DUI
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 one of our attorneys who will examine all the different aspects of your case, 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 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 your attorney.
I’m Simply Going To Plead Guilty, Why Do I Need A 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.
Our experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A Kemet and Hunt 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 My Defense 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 Kemet and Hunt 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. Here at Kemet and Hunt, one of our practiced 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 us so that we can walk you through the procedures and ensure 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?
We 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 one of our experienced attorneys 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.