What to Expect Following Your DUI Arrest in Washington, D.C.

However, a qualified Virginia DUI lawyer can help you ensure that you can still drive, provide legal advice, represent you in court, reveal the flaws in the prosecution’s case, and fight to safeguard your rights.

When an officer arrests you on allegations of driving under the influence, the roller-coaster journey of a DUI case has only just begun. The officer will take you in for a blood test or breath test to determine your blood alcohol content (BAC).

If your chemical tests reveal a BAC of .08 or higher, you will be charged with driving with a BAC of.08 or higher. If you refuse to take a chemical test, a “refusal” accusation through implied consent laws will be added to your charges, and your license may be suspended for one year.

Following the testing phase, you will be booked and released on bond or a commitment to appear in court (depending on the circumstances and your criminal history). The arresting officer will compile and submit a report to the prosecutor, who will decide whether to prosecute you with a DUI charge or not.

 

What Happens to Your Driver’s License After a DUI?

The arresting officer will take your driving license and provide you with a pink, 30-day temporary license right away. You have ten calendar days from the date of your arrest to request a Department of Motor Vehicles (DMV) Hearing to decide if your license will be suspended.

If you seek a hearing within that time frame, any license suspension will be postponed until the outcome of the hearing is established. If you do not request a hearing within ten days, the DMV will suspend your license for four months.

You have the right to be represented at this hearing. A DUI attorney knowledgeable of the local DMV and its procedures can make a significant difference in preserving your driving privileges.

Christopher J. Mutimer of Scrofano Law can help you with your DUI charges in Washington, D.C. Contact us today at 202-630-0943 for an attorney-client relationship on your case. The DC DUI defense attorney will guide you through the legal system.

Keep in mind, though, that you may still be subject to the criminal court procedure and the criminal case against you regardless of the outcome of your DMV hearing. At the Scrofano Law Firm, we practice general criminal defense as well and are well-versed in the following criminal proceedings common in DUI cases:

• Arraignment — Your arraignment should occur within a few days of your arrest, and your counsel can present on your behalf to submit your plea.
• Pre-Trial Motions — The pre-trial phase begins when you enter a “not guilty” plea. Your counsel will use motions to expose holes in the prosecution’s case and improve your defense.
• Plea-Bargaining — A good DUI lawyer will point out so many flaws in the prosecution’s case that they will be willing to lower or even DISMISS charges.
• Trial — Although most DUI arrests may be handled without going to trial, the decision to pursue a jury trial or a bench trial is ultimately yours.
• Sentencing – If you plead “guilty” or “no contest,” the court will sentence you. The penalties for a DUI vary widely based on the facts of the case and your criminal background.

DUI Arrest Procedures

There are four main DUI procedures to expect when arrested for a DUI in Washington, D.C.

 

DUI Initial Testing

When police have reasonable suspicion that someone is operating a motor vehicle under the influence of alcohol or drugs, they may administer field sobriety tests.

These tests may include the walk and turn test, which requires you to walk in a straight line to pre-determine if you could be above the legal limit. The horizontal gaze nystagmus test is another typical field sobriety test. An officer may also perform a portable breath test.

However, these tests are not always reliable, even when completed correctly. If an officer fails to administer the test accurately, the defense may be able to file a petition to suppress the test results to keep them out of the DUI trial. These tests are intended to assess if a police officer has cause to arrest the driver.

 

Reading Your Rights to You

If you are subjected to custodial interrogation, the police must provide you with a Miranda warning. When defendants are arrested, they are frequently handcuffed, given their rights, and put in a police vehicle.

 

Chemical Analysis

If you are arrested, you may be exposed to chemical testing of your blood, breath, or urine. These are further police efforts to prove that you were drinking and driving. A chemical test might be used to assess your blood alcohol level and if you were under the influence of drugs.

If your blood sample came back positive, you might feel dejected. On the other hand, a competent attorney may argue the findings of a chemical test if an officer or the lab refuses to fulfill established protocols.