DUI Reference Guide

Washington D.C. Laws

Washington D.C. has their own set of DUI/DWI rules.  An individual can be arrested if they are driving while under the influence.  It does not matter if they are under the influence of alcohol, drugs or both.  Drivers can also be arrested if they are asked to take a chemical test and are found to have a blood alcohol content that is at or exceeds 0.08%. 

As with most of the states in the US, an implied consent theory is utilized in Washington, D.C.  Anyone who holds a driver’s license is considered to have provided consent to chemical testing if they are ever under suspicion of a DUI. If a person is not willing to take a blood or breath test, they can lose their license for one year.  This is in addition to any other penalties that might apply if a person is later found guilty of driving under the influence. 

A person can be charged with DUI if they appear to have their driving abilities in some way impaired through alcohol or drugs.  A police officer can pull someone over who is not driving in a safe manner.  The officer will make note if the driver smells of alcohol, slurs his/her speech or has any other signs that they might be under the influence.  Field sobriety tests are often given in order to try to gain further proof that a person is in fact, intoxicated.

Those who are arrested for a DUI in Washington will face criminal charges.  They will also face administrative license suspensions.  The D.C. Department of Motor Vehicles (DMV) will impose these administrative suspensions, which will be in addition to any license suspensions sentenced by the court.

For those who have committed their first offense, they sometimes can opt to be a part of the DUI/DWI diversion program, rather than facing a court case and further penalties.  Anyone with a BAC that exceeds or meets .20% is not eligible.  This program will include a counseling plan that will assist people with any alcohol or drug problems and help a person to learn to be more responsible so that they will hopefully never drive under the influence again.  Entering this program is technically an admission of guilt and so a person should consider carefully whether or not this is the option they seek.  This option is not available for multiple offenders (even those with convictions from other states). 

Driving suspensions that are separate from those enacted by the DMV also vary depending upon a person’s number of prior convictions.  First time offenders can have their license revoked for six months.  Second time offenders face a two-o year suspensions.  Those with more than two offenses can lose their license for two years.  In some cases a person will have to have an ignition interlock system placed on their car for a time after their license is reinstated. 

Anyone arrested for a DUI/DWI in Washington D.C. should consult with an attorney.  They should seek an attorney who specializes in these cases.  Finding a lawyer can be as simple as searching the yellow pages for DUI lawyers and then meeting with some of the lawyers who offer free consultations.  Look to find a lawyer who appears the most knowledgeable in this area of the law.

First time offenders who are considering the DUI Diversion Option should also speak with a lawyer.  This option will help a person to avoid jail time, fines and other penalties.  However, in joining this program a person is essentially saying that they were guilty of a DUI.  If they do not believe that they are guilty this might not be the option for them.  A DUI lawyer can better advise a person as to their options and their rights.