More DC DUI FAQ’s
Frequently Asked Questions About DC DUI Statutes
What are the legal limits for Blood Alcohol Content (BAC) in DC?
For drivers under the age of 21, there is zero tolerance. Their BAC may be no greater than 0.00 percent. Drivers over 21 cannot have a BAC higher than 0.08 percent. Commercial drivers, such as cab or bus operators, may not have a BAC exceeding 0.04 percent.
How many drinks will put me over the legal limit?
For estimating BAC, three ounces of wine, 12 ounces of beer or one ounce of liquor equals one drink. How many drinks it takes to become legally drunk depends on the person’s weight, gender and percentage of body fat. If you drink on an empty stomach, you’ll get drunk quicker. Certain medications can heighten the effect of alcohol. Even one drink can impair your driving if you’re on medications.
What should I do right away if I get a DUI?
After being charged with a DUI in the District of Columbia, you will get a Notice of Proposed Suspension. If you reside in DC, you have ten days to file for a Department of Motor Vehicles (DMV) hearing to keep your driver’s license. Non-residents have 15 days to file for a hearing.
What does implied consent mean?
Washington, DC’s implied consent law states that all drivers who operate a motor vehicle in the District of Columbia agree to undergo chemical testing of their breath, blood or urine if suspected of being over the BAC limit. Refusing to take a test will result in loss of driving privileges for one year for the first offense. The officer must have reasonable grounds to ask the driver to submit to a test.
Is it possible to avoid a conviction if I have failed a Breathalyzer test?
Breathalyzer tests are not always correct. Numerous variables can affect the BAC measurement. The prosecution must prove that the Breathalyzer was working properly.
What are the penalties for a DC DUI conviction?
For the first DUI offense, the driver faces up to 180 days in jail, a fine up to $1,000 and a six-month suspension of driving privileges. Second-time offenders face up to a year in jail, a fine between $1,000 and $5,000 plus a one-year suspension of driving privileges. Drivers convicted of three or more offenses face a one-year jail sentence, a fine from $2,000 to $10,000 and a two-year suspension of driving privileges.
What is the least amount of time a convicted DUI driver will serve?
First offenders whose BAC is below 0.20 do not receive a minimum sentence. For offenders with a BAC between 0.20 and 0.25, the minimum sentence is five days. For those with a BAC higher than 0.25, the minimum sentence is 15 days. Second-time offenders will receive a minimum jail sentence of 10 days. For a third or greater offense, the convicted driver must serve a minimum of 15 days in jail with 30 additional days for each offense after the this.
In the District of Columbia, can I plea bargain down to a lesser offense than DUI?
It is possible to plea bargain down to a charge of operating while impaired (OWI). There are no guarantees. Your DUI attorney will need to obtain a plea bargain on your behalf.
What is a “Lookback Period?”
The Lookback Period is the number of years the prosecution can look back to find previous DUI convictions. It’s also called a washout period. DUI convictions going back 15 years can be considered when determining whether the driver will be charged with a first, second or third DUI offense.
In the District of Columbia, is a DUI first offense a felony?
The traffic court division of the Superior Court handles first offense DUI cases, which are misdemeanors. A conviction can result in loss of driving privileges, increased insurance rates, fines and court costs.