Washington DC DUI / OWI Help
The nation’s capitol may be the riskiest place in the country to drink and drive. It enforces the harshest 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%. Washington, D.C. is one of the few jurisdictions where you can be arrested and convicted with a BAC below the legal limit.
This is due to 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 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 qualifed 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 us now. 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.