According to a recent story in the Washington Post, the driver of an ice cream truck was charged with a DUI in New Port Richey, FL after almost hitting a child. Police reports indicate that the alleged drunk driver, Ronald Clifford Purdy, had trouble walking and stated his birth date when asked for his address. The police found two open containers of whiskey in the truck. Purdy was administered a test to determine his blood alcohol content (BAC) which allegedly resulting in a reading of 0.227 grams per milliliter of blood. This is an extremely high reading. Purdy was released on personal recognizance (no bail) after being charged.
If this alleged offense occurred in Washington, DC, his DWI defense lawyer should be willing to take the case to trial if there is any real hope of avoiding jail. The DC Code defines a DWI as operating or being in control of a vehicle while having a BAC of 0.08 grams or higher. The maximum punishment for a first offense DWI is up to 90 days in jail and a fine of $300. This is a misdemeanor not a felony. The 90 days in jail may be suspended. If however, the BAC reading is 0.20 or higher, the defendant is required to serve at least 5 days upon conviction. If the BAC reading is 0.25 or above DC law requires that a person convicted of DWI serve at least 10 days in the detention center. This is in addition to potential loss of your driver’s license, having to pay higher insurance premium, and fines imposed by the DMV.