DC DUI Traffic Law FAQs

If you are arrested for driving under the influence (DUI), driving while intoxicated (DWI), or operation while impaired in Washington, DC, you may be issued a “Notice of Proposed Suspension” by the arresting officer. You will always be issued a Notice of Proposed Suspension of your DC driving privileges if you refuse a breathalyzer, urine sample, or blood test. Once you receive the notice, you should go to the DC DMV scheduling office in SE and schedule a hearing as soon as possible, but no later than the deadline on the notice. Your DC DUI lawyer can represent you at the hearing.

In the District of Columbia, there are three types of “Drunk Driving” offenses.

The first is Driving While Intoxicated (DWI). The government is required to prove, through the use of blood or urine tests, that a driver operated, or had control of, a motor vehicle while having a blood alcohol concentration of 0.08 grams per deciliter of blood. The government is not required to prove that driver was actually suffering any type of impairment.

Driving Under the Influence (DUI) is a charged that requires the prosecution to prove that the defendant operated a motor vehicle while under the influence of intoxicating alcohol or drugs and that his or her ability to drive was impaired. The government can use a variety of methods including observation, Field Sobriety Test scores, or blood or urine tests.

Operating While Intoxicated (OWI) requires the government to prove that the defendant operated a motor vehicle while under the influence of any amount of alcohol but is not required to show that the defendant was impaired in any way. This charge carries the lightest penalty. It is also not recognized in many other states, so it may not result in a loss of license for some out of state drivers. For those drivers, they are not allowed to drive in the District of Columbia. For a DC license holder, all driving privileges may be suspended

As you know, it is best to avoid this situation entirely by drinking responsibly, taking public transportation, a taxi, or using a designated driver. However, if you have been drinking and are pulled over there are things you should and should not do.

• Pull over as soon as you can safely do so and come to a complete stop.
• Lower your window completely and stay in the car.
• Place your hands on the wheel and never take them out of site.

This will make the officer feel more comfortable when approaching the car which makes it much safer for you. Don’t forget that police officers have been killed in routine traffic stops, so they have a reason to be cautious. Always be polite to the officers, but you have a constitutional right to remain silent. It may be best to do so. Always have your driver’s license and proof of insurance easily accessible. It is not only safer but you can fail a “divided attention” sobriety test for failing to locate them in a timely manner.

If you’ve ever seen the TV show COPS, you probably know the answer to this question. You are likely to still get arrested. On the upside, it may give an explanation for the odor of alcohol on your breath, but it may also give the police probable cause. You have a constitutional right to remain silent — it is probably best to use that right when stopped for a Drunk Driving in Washington, DC.

Yes! Just because you have a valid prescription for a drug does not mean you are allowed to drive after taking it. The law prohibits driving under the influence of intoxicating drugs or alcohol. You do not need a prescription to buy a bottle of whiskey but you obviously aren’t allowed to drink it and then drive your car. It is no different with prescription narcotics or other drugs.

You are constitutionally allowed to represent yourself in a criminal case. This does not make it a good idea. Drunk driving defense in Washington, DC is a very complex area of law that requires skill at trial techniques as well as knowledge of administration of field sobriety tests, breathalyzer operation, blood testing, police procedure, and recent developments in the law. It is recommended that you hire a lawyer who specializes in this area rather than just a lawyer who will handle a DUI occasionally.

If you are arrested in the District of Columbia on suspicion of drunk driving, you will most likely be taken to an MPD District station where you will be booked and placed in a holding cell until you are sober. You will probably be released from there and given a summons to appear in traffic court. Unless there is was an accident or something else involved, you will probably not be taken to the Central Cell Block on Indiana Avenue. If you are convicted of a DWI or DUI and blew less than 0.20% on a breath score, and this was your first offense, you most likely not go to jail. You may get a suspended sentence with probation. Your DUI defense attorney should explain this to you.

In Washington, DC, if you have been charged with a DUI, DWI, or OUI, and it is your first offense, you have no criminal record, there was no accident, you did not do anything really offensive such as yelling and cursing at the police, and had a blood alcohol concentration (BAC) of less than 0.1%, you may be entitled to a Deferred Sentencing Agreement (DSA). With a DSA you will plead guilty to the DUI and go to probation for a certain period of time. If you successfully complete the probation, the charges will be dismissed, and you will have the conviction removed from your record.

In Washington, DC a first offense DWI or DUI is a misdemeanor handled in the traffic court division of the Superior Court. However, it may still have serious consequences such as loss of driver’s license, high-risk or SR-22 insurance, court costs, and DMV fines, among others.