In DWI:
The charge of DWI indicates a blood alcohol level of 0.08 or more for persons above the age of 21.
In DUI:
The charge of DUI indicates one was operating a motor vehicle in DC while under the influence of alcohol without reference to a BAC level.
In OWI:
The charge of OWI indicates one was operating a motor vehicle in the District “while impaired” by alcohol.
The Synopsis:
Washington D.C. DUI / DWI law makes it illegal to drive when under the influence of alcohol or drugs or with a blood alcohol content (BAC) of .08% or greater.
In the District of Columbia, DUI / DWI (or drunk driving) cases can be proved in one of two ways. Washington D.C. DUI can be demonstrated through the driving patter, physical appearance of the driver, field sobriety tests, and BAC test results. Each of these may be circumstantial evidence of mental or physical impairment, and consistent therefore with DUI.
Washington D.C. DUI cases can also be prosecuted on the theory that the driver violated the "per se" laws of the District of Columbia. This type of Washington DWI law declares it a crime to drive with a blood alcohol level (BAC) of .08% or greater. The focus of this type of Washington D.C. DUI law is body chemistry, and has nothing to do with mental or physical impairment.
Washington D.C. drivers have impliedly consented to a test of their blood or breath for purposes of determining alcohol content if suspected of driving under the influence. This means that in a DUI arrest, refusal to submit to chemical testing when lawfully requested by a peace officer can result in additional civil punishment (loss of driving privileges for one year). Also, the refusal to submit to a blood or breath alcohol test following an arrest for DUI / DWI or a related drunk driving charge can be introduced at trial to show consciousness of guilt.
Washington D.C. first time offenders may have the option of participating in a DUI / DWI diversion program. However, it is very important to consult with a Washington D.C. drunk driving defense lawyer before electing to participate in a DUI pretrial diversion program. There are certain risks and hazards that everyone should be made aware of before electing this solution to a DUI arrest. However, Washington D.C. does recognize DUI convictions from other states, so that this option may not be available if there is a DWI conviction elsewhere. Additionally, DWI diversion may not be available if the BAC is .20% or greater.
Washington D.C. DUI cases are significantly tougher for repeat offenders, and the "lookback" period for prior convictions is 15 years. This means that even if a driver is arrested for drunk driving with a prior conviction that is less than 15 years old, the new Washington D.C. DWI case will be treated as a second offense, with much stricter punishment.
In addition to the Department of Motor Vehicle Services case, the court can issue a license suspension against those convicted of DWI in the District of Columbia. Court suspensions can range from six months for a first offense, one year for a second offense, up to two years for a third or greater offense within the 15 year "lookback" period for Washington D.C. DUI cases.DUI punishment in Washington DC can include fines that range from $300 to $10,000, and jail termsthat can last up to 25 days. Washington DC has approved an ignition interlock program, which is an alcohol breath test device that installs in the car to prevent it from being started unless the driver is alcohol free.
Bose Law Firm, PLLC
Former Police | Prosecutors | Investigators
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Washington, DC 20004
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