While D.C. isn’t a state, it has its own DUI laws. Compared to other state DUI laws, D.C. laws are reasonably complicated. There are several metrics for determining whether someone is driving impaired, which can result in different charges. Navigating these charges without an experienced lawyer is quite challenging.
Legal Blood Alcohol Concentration (BAC) in D.C.
According to D.C. laws, there are three potential charges for driving while drunk: DWI, DUI and OWI. Only one of these three charges is defined by blood alcohol concentration. To be charged with a DWI, the defendant must have a BAC of at least 0.08. If the driver has a lower BAC or the state doesn’t know what the BAC of the driver is, they can be charged only with one of the other two crimes.
DUI can be charged if the driver is under the influence while driving, and OWI can be charged if a driver is impaired while driving.
Implied Consent Laws in D.C.
Driving a vehicle is a privilege that can be removed if the driver fails to comply with the rules that govern license ownership. One of those rules is implied consent.
According to implied consent laws, every driver must submit to chemical testing when a police officer suspects they have been driving under the influence of drugs or alcohol. If a driver refuses to submit to that testing, the DMV will revoke their license for one year through administrative action. This revocation occurs even if the driver is not convicted of a DUI or related charge.
DUI Penalties in D.C.
DUI penalties in D.C. depend on several factors. The first factor is whether the charge is for a DUI, a DWI or an OWI. An OWI is a lesser charge than a DUI or DWI, while the latter two result in the same penalties.
The penalty for any of these charges is also affected by how many prior charges the defendant has on their record. How long does a DUI stay on the record of a defendant? In D.C., that number is 15 years. If the defendant is convicted of a DUI or DWI charge, they face the following penalties.
For an OWI offense, the penalties are lower.
Additionally, regardless of which offense the defendant was convicted of, they will have their license either restricted or revoked. If they agree to install an ignition interlock device (IID) and obey the rules of the IID program, they can continue to drive. Otherwise, their license is revoked for six months, one year or two years (depending on how many previous convictions they have).
What To Expect After a DUI Arrest in D.C.
If you are arrested for a DUI, the police will instruct you to take a chemical test. You can refuse, but your license will be revoked. After an arrest, you will be arraigned (officially charged) and likely released pending trial (possibly with a modest cost bail).
You should request to speak to a lawyer as soon as possible after an arrest. Police cannot question you without your lawyer present if you request representation.
