Washington, D.C. DUI Lawyer

A DUI charge in Washington, D.C., a can give rise to severe penalties such as jail time, significant fines, and license revocations. Before you step into the courtroom, contact Hannah Akintoye Law and know how your driving offense will affect you.

Driving Under the Influence of Alcohol or a Drug (DUI)

Under § 50-2206.11 of the D.C. Code, it is a crime to operate or be in physical control of any vehicle while intoxicated, or while under the influence of alcohol or any drug or any combination thereof.

Operating or being in physical control of a vehicle can include activities such as driving, parking, or even sitting in the drivers seat with the engine running.

“Intoxicated” is defined as:

A blood alcohol concentration (BAC) of 0.08 for a blood or breath test, an alcohol concentration of 0.10 for a urine sample; or or
Any measurable amount of alcohol in the person's blood, urine, or breath if the person is under 21 years of age.

In instances where an individual has refused a blood, breath, or urine sample, the prosecutor may still seek to introduce other evidence of intoxication such as driving observations (e.g., reckless driving), physical observations (e.g., glassy eyes), and field sobriety tests.

Rebuttable Presumptions

A rebuttable presumption is an assumption that the court is permitted to make in your case, unless there is evidence presented that disproves the assumption. Pursuant to the D.C. Code, there are three rebuttable presumptions that apply in DUI cases:

1) If the person’s alcohol concentration at the time of testing was less than 0.05 for a blood or breath test, or less than 0.06 for a urine sample, there is a rebuttable presumption that the person was not, at the time, under the influence of alcohol.

However, this presumption does not apply if:

There is evidence that the person is impaired by a drug,
The person was operating or in physical control of a commercial vehicle, or
The person, at the time of arrest, was under the age of 21.

2) If the person’s alcohol concentration at the time of testing was 0.05 but less than 0.08 for a blood or breath test, or 0.06 but less than 0.10 for a urine sample, there is a rebuttable presumption that the person was, at the time, under the influence of alcohol.

3) Under D.C. Code § 50-1905(b), if a person under arrest refuses to submit specimens for chemical testing, and the person has had a conviction for a prior DUI or OWI offense, there is a rebuttable presumption that the person is under the influence of alcohol or a drug or any combination thereof.

DUI Penalties

DUI convictions are subject to the following penalties:

Penalty for First Offense DUI

A first offense DUI carries a $1000 fine, up to 180 days incarceration, or both. However, there are mandatory minimum periods of incarceration for heightened BAC levels:

10-day mandatory minimum-for an alcohol concentration of at least 0.20 for a blood or breath test, or at least 0.25 for a urine sample;
15-day mandatory minimum- for an alcohol concentration of more than 0.25 for a blood or breath test, or 0.32 for a urine sample;
20-day mandatory minimum- for an alcohol concentration of more than 0.30 for a blood or breath test, or 0.39 for a urine sample; and
15-day mandatory minimum- for a blood or urine sample containing a Schedule I chemical or controlled substance or one of its active metabolites.

Penalty for Second Offense DUI

A second offense DUI carries a minimum fine of $2,500 and a maximum fine of $5,000. It also carries a 10-day mandatory minimum jail sentence with a maximum of one year in jail. There is however, heightened jail time for heightened BAC levels:

15-day mandatory minimum- for an alcohol concentration of at least 0.20 for a blood or breath test, or at least 0.25 for a urine sample;
20-day mandatory minimum- for an alcohol concentration of more than 0.25 for a blood or breath test, or 0.32 for a urine sample;
25-day mandatory minimum- for an alcohol concentration of more than 0.30 for a blood or breath test, or 0.39 for a urine sample; and
20-day mandatory minimum- for a blood or urine sample containing a Schedule I chemical or controlled substance or one of its active metabolites.

Penalty for Third Offense DUI

A third offense DUI carries a minimum fine of $2,500 and a maximum fine of $10,000. It also carries a 15-day mandatory minimum jail sentence and a maximum of one year in jail. There is however, heightened jail time for heightened BAC levels for a third offense DUI:

20-day mandatory minimum-for an alcohol concentration of at least 0.20 for a blood or breath test, or at least 0.25 for a urine sample;
25-day mandatory minimum– for an alcohol concentration of more than 0.25 for a blood or breath test, or 0.32 for a urine sample;
30-day mandatory minimum– for an alcohol concentration of more than 0.30 for a blood or breath test, or 0.39 for a urine sample; and
25-day mandatory minimum– for a blood or urine sample containing a Schedule I chemical or controlled substance or one of its active metabolites.

Penalty for Fourth or Subsequent DUI

After the 3^rd DUI, an additional 30-day mandatory minimum jail sentence will be imposed for each additional violation.

Operating While Impaired (OWI)

In the District of Columbia, an OWI charge can occur when an individual operates or is in physical control of a vehicle while the person's ability to do so is impaired by the consumption of alcohol or any drug or any combination thereof.

Being “impaired” means a person's ability to operate or be in physical control of a vehicle is affected, due to consumption of alcohol or a drug or a combination thereof, in a way that can be perceived or noticed.

OWI Penalties

The penalty for a first OWI offense is a $500 fine, 90 days in jail, or both.

For a second OWI offense there is a Mandatory $1,000 fine, up to a $2,500 fine. There is also a mandatory minimum of 5 days in jail up to a maximum of one year in jail.

For a third OWI offense there is a Mandatory $1,000 fine, up to a $5,000 fine. There is also a 10-day mandatory minimum jail sentence up to a maximum of one year in jail.

Contact Us

If you have been charged with a DUI offense in Washington, D.C., contact us or call (202) 403-2292 to speak with a qualified DC DUI lawyer to handle your case.

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