• Home
  • Areas of Practice
    • DUI, DWI, and OWI
    • Traffic Violations
    • Fake ID Charges
    • Underage Drinking
    • Other DC Crimes
      • Assault
      • Burglary
      • Drug Charges
      • Expungement
      • Guns and Weapons Charges
      • Theft and Shoplifting
      • White Collar Crime
      • School Discipline
      • Robbery
      • Juvenile Defense
      • Sex Crimes
  • DC Resources
    • DWI & Traffic Articles
    • FAQs
      • DC DUI & DWI FAQs
      • DC Traffic Violations FAQs
    • DC DUI & DWI Web Links
    • DC Lawyer Videos
  • DC DWI Lawyer Blog
  • DC Criminal Lawyer Blog
  • Attorney Profile
  • Contact
Latest DC DWI Blog Posts
  • Commercial DUI Overreaction May Result in Harsher Penalties
  • Lower D.C. DUI BAC Limits Proposed by NTSB
  • Marijuana DUI Bill Passes in CO, Still Tough to Prove in D.C.
  • Formulate Your D.C. DUI Defense With Lawyer
  • Court: Give DUI Defense Breath Machine Evidence
rounded-logo-left-nav-3.png
phone-number.png
video-button.png
faqs-button.png
traffic-faqs-button.png
bac-button.png
Main Menu
  • Home
  • Areas of Practice
  • DC Resources
  • DC DWI Lawyer Blog
  • DC Criminal Lawyer Blog
  • Attorney Profile
  • Contact
Follow Us Daily
Facebook Twitter YouTube

D.C. Commercial DUI: Lower Threshold, Higher Stakes

Written by Daniel A. Gross

A state court in Pennsylvania recently overturned a lower court's decision and ruled in favor of a lifetime revocation of the commercial driving license of a trucker who was twice convicted of DUI.

Our D.C. DUI defense lawyers know that the stakes in drunk driving cases are much higher for those who depend on their ability to drive in order to make a living. In this case, as in many, it doesn't even matter if the offense occurred while you were actually on the job or in your company-owned vehicle.

In this case, the truck driver had gotten both DUI charges while he was off-duty, in his private vehicle. Previously, the truck driver and his attorney had successfully argued in county court that the lifetime ban was invalid because the existing language in the state law isn't crystal clear. The county court agreed. But the superior court judge found that state lawmakers did intend for professional drivers to lose their commercial driver's licenses when they were convicted of two or more DUIS - regardless of whether they were in their own vehicles.

The driver here had pleaded guilty to two separate DUI charges in 2010. The second time, he was ordered to serve between six months to a year in jail.

This incident too proves why it's generally not prudent to simply plead guilty to these charges, no matter what the evidence. A DUI conviction on your permanent record often has unforeseen consequences well into the future.

In D.C., the laws governing commercial drivers and DUIs just got tougher. The Comprehensive Impaired Driving Act of 2012, emergency legislation that went into effect in July of last year, not only set tougher penalties for first-time DUI offenders and those with especially high blood alcohol content, it also took aim at commercial drivers.

Commercial driver's licenses are required for more than just operation of a tractor-trailer. Think motor coaches, buses, limousines and taxis. Stripping someone of their commercial license, especially when their other professional experience is limited, can be a one-way ticket to poverty.

The new law reduced the allowable BAC content for commercial drivers in D.C. from 0.08 percent, as it is for most other drivers, down to 0.04 percent. For a 200-pound person, that is generally somewhere between 2 and 3 drinks. For those commercial vehicle operators who are arrested for DUI in D.C., they will have to serve a minimum mandatory 5 days in jail, in addition to whatever other penalty they receive. Much of that may depend on your blood alcohol content at the time you were arrested. All drivers with a BAC higher than 0.30 percent will face a minimum of 20 days behind bars, per the new law.

D.C. doesn't have a lifetime ban on commercial driver's licenses for DUIs like Pennsylvania, but commercial drivers' privileges are governed by the Federal Motor Carrier Safety Association. That agency bars any operation of a commercial vehicle within four hours of alcohol consumption. Refusal to take a breathalyzer or blood test following an accident could result in commercial license revocation.

Further, drivers who are found to have engaged in the "misuse of alcohol" have to be evaluated by a substance abuse professional before they are allowed back on theĀ  road.

If you are facing DUI charges in D.C., contact the Law Office of Daniel A. Gross, PLLC at 202-596-5716.

AddThis Social Bookmark Button
Add new comment
 

D.C. DUI Report: "Epidemic" of Female Offenders

Written by Daniel A. Gross

Recently, researchers gathered in D.C. to present data on an "epidemic" of female drunk drivers.

Our D.C. DUI lawyers have known for some time that women are being arrested at an increasing rate for impaired driving offenses.

The Transportation Research Board's report, released at its most recent annual conference, was a look at female DUI trends in an effort to answer the "why," after the Traffic Injury Research Foundation found that female DUI arrests rose by approximately 30 percent nationwide between 1998 and 2007.

There are actually numerous reasons for this. For one thing, female drivers outnumber male drivers in the U.S. by about 2 million. More women on the road means of course more are going to be arrested for DUI offenses.

But also, there has been an increase in binge drinking among women, according to the Centers for Disease Control. A survey from that agency found that approximately 15 million women in the U.S. binge drink at least three times monthly. Binge drinking is defined for females as the consumption of four or more drinks in a sitting.

Those most at risk were high schoolers and younger women. About 1 out of every 5 high school females reported excessively drinking in the last month, while about 1 in 8 women ages 18 to 34 reported the same.

The reason for this could be multifaceted, and in no small part to due to the fact that alcohol marketing to women has increased significantly in the past decade. Namely, we've seen a massive unveiling of new products such as fruit-flavored vodkas and spiked lemonade. There is no question, say researchers, that such products are clearly designed and marketed to women.

Similar marketing campaigns are gunning hard for young people too, so it's no surprise that we've seen an increase in youthful, female drinkers.

Studies have proven that women tend to be more risk-averse than men from a neurological standpoint, and drunk driving is certainly a risky behavior. But the transportation board's research, which conducted a series of focus groups involving women who had been arrested for DUI, and found a few common threads. Typically, they fit into one of the following categories:

  • Young women who felt pressured by peers to drink
  • New mothers who began to binge drink after their babies were born;
  • Older women with empty nests, trying to cope with the stresses of ill parents or a recent divorce.

From a DUI attorney's standpoint, cases involving women are treated no differently than men. But it is important for women to understand that they could be more at risk for a DUI arrest than their male counterparts because it is generally going to take less alcohol for them to be legally considered drunk. So your boyfriend or husband could drink the same two glasses of wine you do and not be considered legally drunk, while you will.

Generally, men tend to drink more than women at all ages and stages of life. However, females who have repeat offenses tend to have higher rates of mental illness and other disorders. In those cases, in addition to closely analyzing whether the arrest itself was legal and proper, we can often successfully petition the court to substitute substance abuse or mental health treatment over jail time or in exchange for dropping some of the more serious charges.

If you are facing DUI charges in D.C., contact the Law Office of Daniel A. Gross, PLLC at 202-596-5716.

AddThis Social Bookmark Button
Add new comment
 

D.C. DUI Arrest Follows PD Station Crash, Taco Run

Written by Daniel A. Gross

All the 50-year-old defendant wanted was a few tacos.

Instead, our D.C. DUI lawyers understand, he ended up crashing in a police station parking lot, driving into a fence, leaving his license plate behind, and soon found himself arrested for DUI.

It all seems like something out of a bad stoner movie, but a DUI charge is no laughing matter, nor are the extra penalties he could be facing for leaving the scene of an accident.

Had it not been for that lost license plate, he may have evaded arrest altogether.

The Montgomery County police station is actually just around the corner from the fast food taco restaurant, which was the defendant's destination.

The station actually has two parking lots, one for public use and the other that is private, gate accessible and used primarily for officers' civilian vehicles, as well as cruisers. The latter portion of the lot is surrounded by a 10-foot metal fence with two different gates. One of those gates is chained and padlocked, while the other is only accessible by key card.

On a recent Thursday evening, an officer passing by around 12:30 a.m. happened to notice that one of the normally-chained gates had been torn off and was lying on the ground. The officer looked around a bit more, and found a piece of a vehicle headlight. Nearby, there was a license plate. The officer ran that tag number and turned up the defendant's information, with his apartment less than three miles away.

That officer and another then drove there. In the parking lot, they saw a mangled Explorer -headlight and license plate missing, along with damage to the front bumper - just outside the defendant's dwelling. On their way up to the door, officers found the defendant's wallet on the ground.

They later spoke to the defendant, who agreed to undergo a breathalyzer test, which he failed. He admitted to the officers that he had been drinking vodka and headed out for a quick trip to get some tacos. He is believed to have hit a curb going over a hill and then careened into the police station parking lot, slamming into the gate. Officers don't think he actually made it all the way through the gate and into the private police parking lot. Rather, they surmise he backed up once he'd struck the fence, causing the license plate to be ripped off, before driving away unnoticed. It was, after all, nearly 1 a.m., and not much surveillance around the station.

Perhaps his biggest mistake was answering the door and agreeing to speak with officers. Absent some solid reasoning to believe someone was in imminent danger, they would have first had to obtained a warrant before entering, and the defendant was under no obligation to speak with them either way. Had he done this - or even if officers hadn't noticed the damage until the next day - it's likely the worst he would have faced was leaving the scene of an accident.

If you are facing DUI charges in D.C., contact the Law Office of Daniel A. Gross, PLLC for a free and confidential consultation to discuss your rights or fill out our online contact form. Visa, Mastercard and Discover cards accepted. Call 202-596-5716.

AddThis Social Bookmark Button
Add new comment
 
More Articles...
  • D.C. Official's Arrest Proves You Can Get DUI Without Driving
  • D.C. DUI Charges Faced By Former NFL Redskins Player

<< Start < Previous Article 1 2 3 4 5 6 7 8 9 10 Next Article > End >>

Page 5 of 27

feed-image

Copyright © 2011 - Law Office of Daniel A. Gross, PLLC
All Rights Reserved

Designed by John Rabb - *