Washington, D.C. DUI Laws
In Washington D.C. there are three offenses that relate to driving a vehicle while impaired: DWI (Driving While Intoxicated), DUI (Driving While Under the Influence) and OWI (Operating While Impaired). If you are charged with one of these crimes, you need to act quickly — you have only a limited number of days to request a hearing with the DC Department of Motor Vehicles if you want to keep your driver's license. Contact a Washington DC DUI attorney to learn more about license suspension and possible criminal penalties (e.g., fines and jail time).
A DWI charge is usually based on a finding of unlawful blood alcohol content (BAC) as determined by a blood, breath or urine test (.08 percent if over 21, more than .00 percent if under 21). If you failed the chemical test, your attorney may be able to challenge the results based on factors such as body temperature, breathing patterns and data sampling errors. If your BAC was under the legal limit, the prosecution will need other evidence of impairment such as a police officer's observations (e.g., slurred speech and bloodshot eyes) and poor performance on field sobriety testing. Visual evidence of impairment can be challenged for many reasons, including inadequate training in field sobriety testing and medical conditions that may have caused the defendant to appear intoxicated. A DWI/DUI attorney will help plan the best defense for your case.
Charges and punishments are based on the nature of the evidence, the age of the defendant and whether the defendant consented to BAC testing. First time DWI/DUI offenders face up to $1,000 in fines, up to 90 days in jail and a six-month license revocation (the penalties are less for OWI). Mandatory jail time applies to convicted high-BAC (over .20 percent) and repeat offenders. With so much at stake, it is best to consult a DWI/DUI attorney right away.
Washington, D.C. DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Washington, D.C. BAC laws may differ from those of other states, as follows.
| Washington, D.C. BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | Higher than .00 |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: within approximately five days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st Offense | 2 to 90 days license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 6 months license suspension |
| Temporary License | Yes |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 1-year license suspension |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 6 months (may have limited occupational license) |
| Prison Term and Community Service | Up to 90 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $300 to $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second DUI/DWI Offense | |
| License Suspension | 2 years (may have limited occupational license) |
| Prison Term and Community Service | Up to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 to $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third DUI/DWI Offense | |
| License Suspension | 3 years (may have limited occupational license) |
| Prison Term and Community Service | Up to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $2,000 to $10,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, District Department of Transportation