The laws on drinking and driving differ from place to place. In some states, alcohol concentration is measured by blood alcohol content (BAC). Other places use breathalyzers or urine tests instead. Some localities take a more hands-off approach and just rely on the old standard of driving under the influence (DUI).
Regardless of which state you’re in, if your Blood Alcohol Concentration measures over a certain limit, expect to lose some freedom. The more concentration you have of alcohol in your system, the stronger the penalties can be. But even at lower levels, a DUI can prevent you from going to work in the morning, so it’s crucial to know what steps can help you avoid a conviction.
The consequences of a DUI conviction vary by state law and how many offenses you’ve had in the past. You might have your license suspended or revoked. 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 here.
Driving Under the Influence Penalties
A driver under the influence of drugs or alcohol in Washington, DC, is subject to:
- Civil liabilities – The civil liability imposed by law may include punitive damages, pain and suffering, destruction of property, injury, medical expenses, and lost wages.
- Administrative penalties and fines – An individual could be subject to administrative penalties such as suspension or revocation of driving privileges or expensive fines such as a $5,000 fine if they were previously convicted of a DUI offense within five years.
- Criminal penalties, including punishment for DC DUI offenses—Depending on the circumstances surrounding the violation, the criminal consequences could turn into a minimum sentence of jail time or even an ignition interlock device. The jail term is usually six months or less, depending on whether the driver has been driving with a suspended license.
On the other hand, if the driver was found to be consuming alcohol or under the influence of a controlled substance and caused death or serious injury to another person, they may be charged with vehicular manslaughter, which could land them behind bars for up to 10 years.
Penalties for DC DUI
- First time offenders of an impaired Driving Offense have the lightest penalties and are subject to $1000 fine, or 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;
- Fourth offense DUI: up to one year of jail time 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: include a maximum sentence of imprisonment for not more than three years and $1,000 to $5,000 fine.
Zero Tolerance Law For Underage
Washington DC has a zero-tolerance policy for anyone under 21 years of age. Anything over .00% BAC is considered over the limit, so be prepared for underage drinking changers and additional penalties like reckless driving.
Legal BAC Limits in Washington DC
- 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.
Blood Alcohol Concentration Testing
If someone gets pulled over, the police officer on site conducts a series of standardized field sobriety tests, and then additional tests are conducted once the person is back at the police station.
In Washington D.C., one can refuse to take a blood or breathalyzer test, but the District has an implied consent law, meaning that the DMV can suspend their driver’s license without the chemical test or if the chemical test shows a score above the legal limit.
BAC testing is important because alcoholic beverages, or rather your body dealing with some of alcohol’s active metabolites, can have a big impact on one’s ability to drive a motor vehicle. Even small amounts of alcohol or its active metabolites degrade one’s decision-making ability and the ability to see the road clearly, making it more difficult for a driver to react to a situation. Alcohol consumption can also influence how a person speaks and makes decisions while driving.
If you’re charged with drinking and driving and want to protect your criminal record, get a lawyer immediately if possible. The earlier you seek legal advice, the better your chance of avoiding a conviction and minimizing the damage. If you are arrested for driving under the influence of illegal drugs or alcohol in Washington DC, you should hire experienced DUI attorneys who can help challenge the arrest and protect your rights through any proceedings that follow.
Subsequent DUI Offenses
One of the main issues that the court considers when addressing these three areas is how many prior alcohol-related offenses the individual has. Knowing the individual’s personal history informs the court on the sentencing parameters.
For a first offense, an individual can receive a criminal charge, which carries a monetary penalty of up to 180 days in jail, up to $1000 in fines, and a 6-month license revocation. All subsequent offenses are also criminal offenses.
For the second offense, the individual can receive up to 1 year in jail with a minimum mandatory sentence of at least 10 days in jail, between $2,500 and $5,000 in fines, and a year license suspension.
For the third driving under the influence offense, the individual can face up to one year in jail with a minimum mandatory jail time of at least 15 days, between $2,500 and $10,000 in fines, and a two-year license suspension under § 50-2206.13.
The DC Department of Motor Vehicles will impose a license suspension if convicted or enters a plea of guilty to a DUI or OWI in Washington D.C. The DC superior court can suspend all of the sentences outside the mandatory sentence and impose a supervised or unsupervised probation period.
Contact Bruckheim & Patel
Bruckheim & Patel is your one call for all things related to drunk driving in Washington DC. Whether you need the latest information on Washington DC traffic laws, penalties, and fines or help to make sense of insurance claims and legal scenarios, we’ve got you covered. Let us help clarify the legal information and fines for your unique situation.
Life after a DUI charge will not be easy. You’ll face fines, mandatory jail time, higher insurance rates, and other serious consequences on your driving ability and freedom, like the maximum penalty. When you need representation in court, you must hire someone who understands DUI charges in Washington, DC. For a free consultation of your case, call us at 202-930-3464.
