3 Things You Should Know About D.C. DUI Laws

Driving under the influence will bring you severe criminal penalties, no matter where you are in the United States. Every state and territory takes it fairly seriously, but you will encounter some differences in the specific laws and consequences depending on the jurisdiction. Here are a few essential things to know about how DUI laws work in Washington, D.C.

There are Consequences for Refusing a Breathalyzer

If a police officer in D.C. stops you, you’re well within your rights to say no when they ask you to take a breathalyzer test. However, it’s not always a good idea to do so. If you refuse a breathalyzer test, your driver’s license could be immediately suspended. If the officer already believes they have probable cause to arrest you and charge you with driving under the influence or reckless driving, refusing the breathalyzer is not going to stop the arrest from happening.

“If you cooperate from the beginning and submit to the test, you’ll have a better chance of negotiating a lesser sentence later,” says a representative from Alcolock, an ignition interlock device company. “You might be able to get your charges dismissed in exchange for taking classes and doing community service.” A relatively low result on your breathalyzer test can help you later as well.

There are Three Possible Charges

If you drive while intoxicated in D.C., you could be eligible for any of three different criminal charges depending on the specific circumstances of the arrest. Your possible charges are “Driving Under the Influence,” “Driving While Intoxicated” and “Operating While Impaired.”

A DWI can apply to any person in control of a vehicle while their blood alcohol concentration is at or above the legal limit of .08, whether or not the alcohol had a visible effect on their driving. A DUI charge will apply if you were driving recklessly or dangerously, even if you have less than the legal limit of alcohol in your blood. Meanwhile, an OWI applies anytime you drive a vehicle while your driving ability impaired by any substance. That substance could be alcohol, an illicit drug, or even an over-the-counter medication you take.

You Will Likely Face Jail Time

Most people convicted of a DWI or DUI are going to face jail time as part of their punishment. That’s because even first-time offenders in D.C. can face some mandatory minimum sentences. If you are found to have a blood alcohol concentration of 0.2 or more when you are arrested, you will have to spend a minimum of five days in jail.

Beyond those minimums, however, there may be opportunities to reduce any further penalties you face. A DUI attorney can help you find the best way to handle your case.