A Top-Rated Criminal Justice Attorney in Washington, DC

If you need an experienced DC DUI attorney, Bruckheim & Patel is ready to advocate for you. Criminal defense attorneys at Bruckheim & Patel promise trust, commitment, and integrity when representing clients facing a DUI in Washington, D.C.

Our skilled litigators bring a unique perspective to each case. Experience, attention to detail, and aggressiveness can mean the difference between success and failure.

Washington DC DUI Lawyers

At Bruckheim & Patel, we understand that your legal problem may be the most pressing matter in your life. Potential penalties for an alcohol-related driving offense are often expensive, disruptive, and life-changing. You may face consequences such as mandatory jail time, loss of driving privileges, and a hefty fine for a DUI conviction.

We are here to see you through these difficult times. As a boutique litigation practice, the firm provides personal attention and care. And as an aggressive criminal defense law firm, Bruckheim & Patel will provide the highest quality legal representation for you.

DUI And OWI Laws in DC

The consequences of a DUI conviction vary by state law and the number of offenses you’ve had in the past. Depending on the circumstances, you could have your license suspended or revoked, or you could be fined heavily and go to jail for a while. Repeat offenders can expect to do some serious time behind bars and pay even larger fines, though judges have discretion in this regard.

Presumption of DUI or OWI in DC - A blood or breath alcohol level of 0.05 or greater, or a urine alcohol level greater than .06, creates a presumption of DUI or OWI in Washington, D.C.
Implied Consent - A person operating a motor vehicle in D.C. implies consent to permit a breath, blood, or urine sample to the police if the police have reasonable suspicion that an OWI or DUI offense has occurred.
Refusal - Refusal to submit results in a 12-month license suspension. If an accident occurs, the suspect cannot refuse to submit to blood, breath, or urine testing. Police can forcibly take blood, urine, or breath samples.
Blood Draw - Only a doctor or nurse can draw blood from a suspect. You have the right to obtain an additional blood sample for private testing.
Administrative Hearing - A defendant who is a resident of the District of Columbia must request a hearing before the DMV within ten days of a DUI, DWI, or OWI arrest. Non-residents of the District of Columbia have 15 days to request a hearing.
Zero Tolerance Law for Underage - If you are under 21 years of age, Washington DC has a zero-tolerance policy, so anything over .00% is considered over the limit. Be prepared for additional penalties, such as reckless driving.
Legal Blood Alcohol Limits in Washington D.C. - If someone is over the age of 21, the legal limit to get behind the wheel of a vehicle is 0.08% BAC. If someone is driving a commercial vehicle, the legal limit is 0.04% BAC. (*These numbers vary slightly throughout the United States, but only very little.)

What are the Different Types of Drunk Driving Charges in Washington, DC?

DC law distinguishes among three impaired driving offenses: DWI, DUI, and OWI, each defined by its own level of impairment.

Driving Under the Influence (DUI) - A person commits the offense of Driving Under the Influence in DC (DUI) if he or she operates a motor vehicle while under the influence of alcohol.
Operating While Impaired (OWI) - An offense of Operating While Impaired (OWI) if a person operates a motor vehicle while impaired by alcohol.
Driving While Intoxicated (DWI) - DWI is NOT a charge that is recognized in the District of Columbia. In the past, DWI was a charge in the District where the chemical test results score was above .08. However, now each charge is charged as a DUI or OWI in the District of Columbia.

Penalties for Drinking and Driving in Washington DC

DUI penalties in DC depend on how serious the offense is and whether you’re a repeat offender or not.

First DUI offense: First-time offenders of an impaired Driving Offense face the lightest penalties: a $ 1,000 fine, jail time not to exceed 180 days, or both.
Second offense DUI: imprisonment for not more than two years and $2,500 fine
Third offense DUI: mandatory minimum sentence of jail time of not less than ten days nor more than 30 days of jail time or $250 to $5,000 fine, or both

What are the Penalties for a First-Time DUI Charge in DC?

If it’s your first DUI offense, you risk consequences including:

A fine of up to $1000.00 and up to 180 days in jail.
Mandatory 10-day jail sentence if breath/ blood alcohol concentration level is between 0.20 and 025, or if urine alcohol level is .25 or more.
Mandatory 15-day jail sentence if breath/blood alcohol content level is between .26-.30 or if urine alcohol is more than .32.
Mandatory 20-day jail sentence if breath/blood alcohol concentration level is greater than .30, or if urine alcohol level is more than .39.

*If a person’s blood or urine contains a Schedule I chemical or controlled substance as listed in D.C. Code Section 48-902.04 (such as PCP, cocaine, heroin, methadone, morphine), a mandatory 15-day jail sentence shall be imposed.

What are the Penalties for a 2nd DC DUI Arrest?

For your second DUI offense in DC, you risk the following:

If the second offense is within fifteen years of the first offense, a fine between $2,500 and $5,000, a maximum of one year in jail, and a mandatory jail sentence of 10 days.
In addition to the mandatory 10-day jail sentence, a mandatory 15-day jail sentence shall be imposed if the blood/breath alcohol level is between 0.20 and 025, or if the urine alcohol level is .25 or more.
A mandatory 20-day jail sentence shall be imposed if the blood/breath alcohol level is between .26 and .30 or if the urine alcohol is more than .32.
A mandatory 25-day jail sentence shall be imposed if the blood/breath alcohol level is greater than .30, or if the urine alcohol level is more than .39.

*If a person’s chemical test results contain a Schedule I chemical or controlled substance as listed in D.C. Code Section 48-902.04 (such as PCP, cocaine, heroin, methadone, morphine), an additional mandatory 20-day jail sentence shall be imposed.

What are the Penalties for a 3rd DUI Offense in DC?

If a person has two or more prior convictions within the previous 15 years, they will receive a fine of $2,500 to $10,000, a maximum of one year in jail, and a mandatory 15-day jail sentence.
In addition to the mandatory 15-day jail sentence, a mandatory 20-day jail sentence shall be imposed if the blood/breath alcohol level is between 0.20 and 025, or if the urine alcohol level is .25 or more.
A mandatory 25-day jail sentence shall be imposed if the blood/breath alcohol level is between .26 and .30 or if the urine alcohol is more than .32.
A mandatory 30-day jail sentence shall be imposed if blood/breath alcohol level is greater than .30, or if urine alcohol level is more than .39.

What is an OWI in DC?

It is illegal to operate (be in physical control of) a motorized vehicle while under the influence of alcohol or drugs. The law states that if someone consumes enough alcohol (or takes enough of a drug or medication) to impair his or her ability to safely operate a motorized vehicle, then they can face criminal charges.

Penalties for a DC OWI

First Offense: A maximum fine of $500 and up to 90 days in jail.
Second Offense: If the second offense is within 15 years of the first offense, a fine of $1000 to $2500, a maximum jail sentence of 1 year, and a mandatory jail sentence of 5 days.
Third Offense: If a person has two or more prior offenses within the past 15 years of the instant offense, a fine of between $1,000 and $5,000, a maximum jail sentence of 1 year, and a mandatory jail sentence of 10 days.

Multiple DUI Convictions in DC

One of the fundamental issues that the court considers when addressing DUI and OWI penalties is how many prior alcohol related offenses the individual has had. Knowing the individual’s personal history informs the court of the sentencing parameters. Subsequent offenses carry greater penalties, and the maximum penalties vary.

Fourth-offense DUI: Up to 1 year in jail and $5,000 fine.
Fifth offense DUI: Mandatory minimum jail time of not less than 90 days nor more than 180 days, or $1,000 to $10,000 fine, or both.
Sixth-offense DUI: Includes a maximum sentence of imprisonment of not more than 3 years and a fine of $1,000 to $5,000.

The Department of Motor Vehicles will impose a license suspension if convicted, or if you enter a plea of guilty to a DUI in Washington, D.C. The DC Superior Court can suspend all sentences other than the mandatory sentence and impose a supervised or unsupervised probation period.

When Experience Matters Contact Bruckheim & Patel

Michael Bruckheim has specialized experience and training in Washington, DC DUI defense. Mr. Bruckheim is not only trained to administer field sobriety tests in accordance with NHTSA (National Highway Traffic Safety Administration) standards, but is also trained as an NHTSA Field Sobriety Test Instructor.

As a result, Washington, DC DUI lawyer Michael Bruckheim is typically better trained than most officers who testify in OWI and DUI cases. Mr. Bruckheim is the only licensed attorney in the District of Columbia to have completed an intensive training course in Forensic Chromatography, which is the process used to analyze blood and urine samples in Washington DC DUI cases.

As a former supervisor of OWI/DUI prosecutions in the District of Columbia, Michael Bruckheim has valuable insight into the thought processes of Washington, DC prosecutors. More importantly, he knows how to find weaknesses in their case.

Due to his training and experience as a criminal lawyer, Attorney Michael Bruckheim clearly understands the consequences a person will face if convicted of driving under the influence and can tailor a defense strategy to achieve the best possible results for his clients.

Voted Top 100 Trial Attorney By The National Trial Lawyers

Attorney Sweta Patel has defended DUI charges and cases in the District of Columbia and the State of Florida. She brings a unique perspective and knowledge from her experience practicing in multiple jurisdictions.

Attorney Sweta Patel’s trial skills cannot be disputed.

Her passion for protecting her clients’ rights has drawn the attention of the Washington D.C. community. She has received the AVVO Client’s Choice award for DUI defense and currently has a perfect Avvo Rating of 10, along with an outstanding Super Lawyers rating.

Ms. Patel is a skilled negotiator and has reached favorable plea bargains in her matters. If a favorable offer is not reached, Ms. Patel does not hesitate to litigate cases if necessary to protect her client’s interests.

With her extensive experience in defending Drunk driving Charges, Ms. Patel is dedicated to ensuring her clients get the most favorable result.

Highest Rated Criminal Defense Lawyer with a Perfect 10 Rating On AVVO

The experience and expertise of the criminal defense team at Bruckheim & Patel is recognized by their peers at AVVO.

Our criminal defense team knows there are many avenues to successfully challenge a DUI. With a criminal record, driving privileges, and DUI penalties at stake due to your arrest, your attorney must explore every possible angle to fight your OWI/ DUI criminal charges.

Bruckheim & Patel know all the angles, have a wide variety of practice areas, and can put their experience to work for you, providing solid legal advice.

Call Today and Schedule Your Free DC DUI Consultation

If you are facing DUI or OWI charges in DC, contact Bruckheim & Patel – Washington DC at (202) 930-3464 to schedule a free legal consultation and go over the legal process with our experienced attorneys.

DC DUI Frequently Asked Questions with Michael Bruckheim

What Questions Will Police Officers Usually Ask During a DUI Stop?

During a traffic stop, officers will typically begin by asking for your license and registration. After that, most will ask three standard questions:

1. “Where are you coming from?”
2. “Where are you going?”
3. “Have you had anything to drink?”

These questions are designed to gather evidence. If you admit you were drinking or coming from a bar or club, officers will almost always extend the stop and ask you to step out of the vehicle for further investigation.

Do I Have to Answer the Officer’s Questions During a DUI Stop?

No. You are not legally required to answer questions beyond providing your identifying information (license, registration, and proof of insurance).

You may politely say:

“Officer, I’ve provided my identifying information. I do not wish to answer additional questions without speaking to an attorney.”
You are fully within your rights to decline further questioning.

Will the Officer Pressure Me If I Refuse to Answer Questions?

In many cases, yes. Officers may ask why you’re not answering or try to make you feel obligated. This is intentional – they want statements they can use as evidence later.

Despite the pressure, you are under no obligation to answer questions about drinking, travel, activities, or anything else that may incriminate you.

Does Cooperating With The Officer Help Me Avoid an Arrest?

No. This is a common misconception. People often believe that if they cooperate and answer all questions honestly, the officer might “let them go.”
In reality, if the officer believes you are under the influence, they are very likely to arrest you regardless of your cooperation. The information you provide will only be used against you later in court.

Can I Stop The Officer From Arresting Me?

No. If an officer has decided to arrest you, there is nothing you can say that will prevent it.
Your goal is not to avoid an arrest—your goal is to avoid a conviction.
The less evidence the police gather, the stronger your defense will be.

Should I Refuse to Answer Questions and Refuse Field Sobriety Tests?

From a defense perspective, yes. The ideal scenario for a DUI case is a driver who:

Declines to answer questions
Declines to participate in Field Sobriety Tests
Declines chemical testing (breath or chemical tests), where allowed

This limits the amount of evidence the government has to use against you.

What Happens if I Refuse Field Sobriety Tests during a DUI Stop?

Officers may pressure you by saying refusal could lead to an arrest, but you can still politely decline. If you refuse the tests, the officer may arrest you anyway — but the State will have far less evidence to present at trial.

Is Refusing Tests and Questions the Best Approach for DUI Stops in Washington, D.C.?

According to experienced DUI defense attorneys, yes. The strongest cases for the defense often involve clients who:

Declined all questioning
Declined all field sobriety tests
Declined breath or chemical testing

With little to no evidence, the prosecution may struggle to prove guilt beyond a reasonable doubt, dramatically improving the chances of a favorable outcome.