Albo & Oblon lawyer, Thomas A. Key, answers some of the most commonly asked D.C. DWI questions.

What is the difference between DWI, DUI, and OWI?

Driving while intoxicated (DWI) is the act of operating or being in physical control of a motor vehicle while one''s blood alcohol level (or breath or urine equivalent) is 0.08 or above.  If one is under 21 years old, one violates this law with a blood alcohol level of any measurable amount.

Driving under the influence (DUI) is the act of operating or being in physical control of a motor vehicle while "under the influence of alcohol."  This can mean that one has a blood alcohol level of 0.05 or above or is impaired by alcohol to an "appreciable degree." 

Operating while impaired (OWI) is the act of operating or being in physical control of a motor vehicle while one is so affected by the consumption of alcohol that it impaired his or her ability to operate a motor vehicle in the same way a reasonably careful and prudent driver, not so impaired, would operate a vehicle in similar circumstances.  This is essentially a "zero tolerance" law.

Is there anything I have to do immediately?

In most cases, police serve those charged with DWI, DUI, or OWI in the District of Columbia with a Notice of Proposed Suspension.  Once served, one has only five days in which to request a hearing from the D.C. DMV.  (If one is licensed outside the District of Columbia, the deadline is ten days).  If one misses this deadline, D.C. will revoke one's D.C. driving privileges administratively.  Therefore, this issue must be addressed immediately.

How do prosecutors prove DWI cases?

Generally, prosecutors prove a DWI case under three methods. The first -- and easiest -- method for the prosecutor to convict a person is by showing that the Defendant’s blood alcohol level was a .08 or more. (This is usually done by a breath test). Under this “per se” method, if the breath test reveals a blood alcohol content of 0.08 or more, then the prosecutor need not prove anything else. The person is, by law, considered guilty of DWI. Simply stated, at that point, instead of being innocent until proven guilty, the Defendant is presumed guilty and must then prove his innocence.

The other method is used if there is no breath test or other chemical evidence. The prosecutor must prove that the person is guilty by showing that the Defendant was “under the influence” of alcohol or drugs or "impaired" by alcohol or drugs. As stated in the introduction, the prosecutor will use driving behavior and the field sobriety tests to establish that the Defendant was under the influence.

What is the punishment for drunk driving?

In the District of Columbia, DWI, DUI, and OWI are punished differently, depending upon one's blood alcohol level and the number of prior convictions.

                                             DWI and DUI Penalties:

For a first offense, the penalty is a fine of up to $300.00 and up to 90 days in jail.  If the person’s blood alcohol level is 0.20 to 0.25, there is a mandatory five day jail sentence.  If the person’s blood alcohol level exceeds 0.25, there is a mandatory ten day jail sentence.

For a second offense within fifteen years of a first offense, the penalty is a fine of between $1,000.00 and $5,000.00, and up to one year in jail (with at least five days in jail mandatory or thirty days of community service).  If a second offender’s blood alcohol level is between 0.20 and 0.25, there is an additional mandatory jail sentence of ten days.  If the blood alcohol level is over 0.25, there is an additional mandatory jail sentence of twenty days.

For a third offense within fifteen years of two prior offenses, the penalty is a fine of between $2,000.00 and $10,000.00 dollars and up to one year in jail (with at least ten days in jail mandatory or sixty days of community service).  ).  If a third offender’s blood alcohol level is between 0.20 and 0.25, there is an additional mandatory jail sentence of fifteen days.  If the blood alcohol level is over 0.25, there is an additional mandatory jail sentence of twenty-five days.

For offenses committed with a passenger seventeen years old or younger in the car, the above penalties include an additional minimum fine of between $500.00 and $1000.00 and forty-eight hours of community service benefiting children (or, for a subsequent offense, 80 hours of community service in such program).

                                                      OWI Penalties:

For a first offense, the penalty is a fine of between $200.00 and $300.00, and up to thirty days in jail.  

For a second offense within a 15-year period, the penalty is a fine of between $300.00 and $500.00, and up to thirty days in jail (of which five days is a mandatory minimum or thirty days of community service).  

For a third offense within a 15-year period, the penalty is a fine of between $1,000.00 and $5,000.00 and either a jail sentence of between ten days and one year or sixty days of community service.

What is a deferred sentencing agreement?

Washington, D.C. has a great deal for many first-time DWI offenders.  In exchange for some drunk driving classes, the prosecutor will often agree to dismiss the charges!  In addition, the DMV will usually not revoke licenses of those who complete this program.

A deferred sentencing agreement is not available for those with prior DWI convictions, those who refused blood or breath testing, those whose blood or breath tested at over 0.10, and those who were in an accident.

Did I have to take a breath test or any other chemical test?  Was doing so a big mistake?

The answer to both questions is "yes" and "no."  Unless there was an accident, police cannot force one to submit to a blood, breath, or urine test.  However, the "implied consent law" in the District states that, as a condition of being given the privilege to drive in the District, one is required to take a chemical test if there is a reasonable belief that one is violating the alcohol laws.  Thus, if a suspect refuses the chemical test, the suspect will generally lose his driving privileges for one year.  The prosecutor will have to prove the DWI without the use of the chemical evidence.  This obviously is an advantage for the defendant. However, the defendant will be faced with the probable loss of his driving privileges for one year.

Refusal will also make one ineligible for the pretrial diversion program.

What if the police officer failed to read me my rights?

There is a common misconception that when an officer fails to read a person their Miranda Rights (i.e., “You have the right to remain silent, you have a right to an attorney. . .”) the case will be dismissed. The Miranda warning only affect the admissibility of statements made by an accused after the person is arrested. For example, if a person is pulled over because his tail lights are not working and he blurts out to the police officer, "I'm drunk as a skunk and I never should have been driving!", this can be used against the person because the person was neither arrested nor in custody. However, if the person is in handcuffs and, answering the officer’s questions says, "I was drunk as a skunk and never should have been driving", the police cannot use this statement unless they have read the person their rights.

Why do I need to apply for a DMV hearing or suffer a revocation of my driving privileges?  I thought I was “innocent until proven guilty”?

The District of Columbia administratively revokes a DWI suspect’s licenses 5 days after one's arrest unless he or she applies for a hearing.

Can I represent myself? What can a lawyer do for me?

Anyone can represent themselves in court, but the District's DWI law is very complicated and the punishments are severe. DUI statutes take up many pages of the D.C. Code. Conversely, the statute making it illegal to murder someone is only one sentence long.

A lawyer can research your case to try to win at trial. Alternatively, if your case can’t be won, he can fight for minimum punishments. 

What's the difference between attorneys? How can I find a qualified DUI lawyer? What will it cost?

Word of mouth is a good way to find a good lawyer in the District of Columbia. Albo & Oblon’s lawyers work very aggressively on DWI and, when we win cases, our clients recommend us to others. Ask around in your community for the names of the top DUI lawyers. Lawyers who teach DWI defense to other lawyers are also good bets.

In order to aggressively represent a person, a great deal of work is required. The first and foremost sign of a good attorney is a lengthy interview. Since each case is different, and minor facts may have significant consequences, an in-depth interview is an absolute necessity. After the initial interview, conversation with all witnesses is a must. Early on, the attorney must fight to acquire all documentary evidence such as records of the breath test results, machine maintenance records, and the qualifications of the breath test operator. Other, little known records are available to the knowledgeable attorney.

As one can see from above, an attorney who is dedicated to aggressively representing his client in court must undertake a great deal of work well before the actual court date. Ask your potential lawyer to describe in detail what they will do for you. If he can’t rattle off a mind-numbing list of tasks off the top of his head, he probably isn’t doing those things.

Each law firm sets their own fees -- and they vary widely based on a number of factors -- both relevant and irrelevant.  Some lawyers charge as little as $250.00.  We charge $4,200.00 for first offense, low blood-alcohol-content-level cases.  We never charge an initial consultation fee for Washington, D.C. DWI cases.  Since so many people who meet with us retain us, we don't have to "lock in" clients with an initial fee!