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Washington DC Drunk Driving Defense Attorneys

1. Bennowitz, David: Armed Robbery: The essential elements of armed robbery are: 1) the taking of property of some value from someone against that personÕs will; 2) from that personÕs immediate actual possession or from their person; 3) by force or violence, putting that person in fear, or by sudden or stealthy seizure or snatching; 4) taking the property away; 5) without right to the property, and with the specific intent to steal it; 5) while armed. Assault: Includes attempted batter and intent-to-frighten. The essential elements of assault are: 1) an attempt or effort, with force or violence, to injure another person; 2) that at the time the attempt or effort is made, there is an apparent present ability to injure that person; 3) that the attempt or effort is made voluntarily and on purpose, not by mistake or accident; and 4) that the conduct is not justified by the use of reasonable parental discipline. Attorney-Client Relationship: A critical relationship that must be based upon trust and consistent communication between a criminal attorney and his or her client. Conspiracy: An agreement between two or more people to commit a crime. One of the people involved in the agreement must do something for the purpose of carrying out the conspiracy. Criminal Defense Attorney (Criminal Attorney): A criminal lawyer licensed to practice law in the District of Columbia who specializes in defending people charged with or being investigated for committing crimes. DC Department of Corrections: http://doc.dc.gov/doc/cwp/view,a,3,q,491438,docNav,|30833|.asp DC Law Students In Court Program: One of the oldest and most highly regarded clinical programs in Washington, DC. Participants represent clients on adult criminal misdemeanor charges and juvenile criminal cases of all kinds in D.C. Superior Court. http://www.dclawstudents.org Drug Possession: The knowing and intentional possession of a controlled substance. Drug Distribution: To knowingly and intentionally transfer or attempt to transfer a measurable amount of a controlled substance to another person. D.U.I./D.W.I.: ÒD.U.I.Ó means ÒDriving Under the InfluenceÓ of alcohol or a drug. To be found guilty of D.U.I., the government must prove that someone operated a motor vehicle while their blood-alcohol level was .08 grams per 100 milliliters of blood or was under the influence of another drug. ÒD.W.I.Ó means ÒDriving While Impaired.Ó To be found guilty of D.W.I. the government must prove that someone operated a motor vehicle while his/her ability to drive was so impaired by the consumption of alcohol that it impaired his/her ability to drive in a way that a reasonably prudent unimpaired driver would operate a motor vehicle.
2. Baldwin, Molina & Escoto: A DUI or DWI arrest can result in serious penalties including fines jail time, driver's license suspension and a criminal record. Each subsequent drunk-driving conviction increases your penalties until you have your driver's license revoked Ñ and you may end up in prison. Whether you are facing criminal charges for the first time or you have been arrested for driving under the influence before, you need to take these charges seriously. You can defend yourself against DUI/DWI charges.
3. Kathleen Voelker: In order to successfully counter a criminal charge, you need the able assistance of an aggressive litigator who possesses extensive experience and a deep understanding of all aspects of criminal law as they apply to your case.
4. Robinson & Koutesis: Following a DWI / DUI arrest, many people make the mistake of assuming that because their blood test or breathalyzer result put them over the legal limit, they have no hope of "beating the charges" against them. As a result, they often let too much time pass before hiring an attorney to help them or they simply do not fight and instead accept whatever plea the prosecutor is willing to offer.
5. Abraham Blitzer: Being arrested is a frightening experience. Facing a criminal charge--even a small one--can feel like a waking nightmare.
6. >Bruce M. Cooper: Getting charged with DUI or a related drunk driving offense in Washington, D.C., requires a solid defense from an experienced criminal defense attorney who knows how to protect your rights.
7. Allen Dale: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .08 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .08 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit. In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
8. Belsky & Purdum: The second category of traffic violations are known as "major offenses" and include, among other charges, Driving While Intoxicated (DWI), Driving Under the Influence of Drugs/Alcohol (DUI) and Driving on a Suspended License. If you are convicted of a major offense, you may be subject to imprisonment and/or a substantial fine. If you are charged with a major offense, you must appear in court. Unlike minor offenses, you cannot pay the fine to avoid going to court. Anyone charged with a major offense should be represented by an attorney. An attorney will have the legal know-how to object to evidence and questions, and is better able to offer to the court reasons why you deserve leniency if you are found guilty of the offense.
9. Jeffery Lewis: What defenses are available to you will depend on the unique circumstances of your arrest.
10. Kindermannlaw: The 'roadside' or PBT cannot be used against you in a formal sense and you are within your rights to refuse the same. However, the stationary breathalyzer machine typically located at the police station can be determinative in terms of guilt or innocence. Know and Exercise Your Rights The following information is intended as a brief summation of your constitutional rights and is meant to offer helpful hints at how to effectively assert and protect those rights within the context of a police encounter. Of course, this information is no substitute for consultation with an experienced attorney. The Fourth Amendment to the Bill of Rights of the United States Constitution states: ÒThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.Ó The Fifth Amendment reads, in part, ÒNo person shall be . . . compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law . . .Ó These amendments provide the foundation for the rights that protect all U.S. Citizens from intrusive law enforcement practices. If an officer violates your rights, then any evidence discovered as a result of that violation must be suppressed from the evidence at trial. This is accomplished by filing a motion to suppress with the trial judge. Even if an officer obtained a warrant prior to searching, if that warrant is defective or not supported by probable cause, then the evidence must be suppressed. Often times, after the fruits of an illegal detention, interrogation or search are suppressed, the government is left with very little evidence and the charges are dismissed. 1. DonÕt Leave Contraband in Plain View Although law enforcement officers must obtain a warrant before they can conduct a privacy-invading search, any illicit material that can be plainly seen by any person from a non-intrusive vantage point is subject to confiscation. An arrest and a valid warrant to search the rest of the area is likely to ensue. A ÒroachÓ in the ashtray, a pipe or baggie on the coffee table, or a joint being smoked in public are common mistakes, which all too frequently lead to arrests. 2. Never Consent Many individuals arrested on marijuana charges could have avoided that arrest by exercising their Fourth Amendment rights. If a law enforcement officer asks for your permission to search, it is usually because: (1) there is not enough evidence to obtain a search warrant; or (2) the officer does not feel like going through the hassle of obtaining a warrant. Law enforcement officers are trained to intimidate people into consenting to searches. If you do consent, you waive your constitutional protection and the officers may search and seize items without further authorization. If officers find contraband, they will arrest you. If you do not consent to a search, the officer must either release you or detain you and attempt to get a warrant. The fact that you refuse to consent does not give the officer grounds to obtain a warrant or further detain you. An officer can obtain a search warrant only from a judge or magistrate and only upon a showing of Òprobable cause.Ó Probable cause requires an officer to articulate information that would cause a reasonable person to believe that a crime has been or is being committed and that evidence of that involvement can be found within the object of the search. There are exceptions to the search warrant requirement, which permit an officer to search an area without a warrant or consent under certain circumstances. The important thing for you to remember is never to consent to a search or talk with an officer if you want to preserve your rights. If an officer asks to search you or an area belonging to you or over which you are authorized to control, you should respond: ÒI do not consent to a search of my [person, baggage, purse, luggage, vehicle, house, blood, etc.] I do not want to answer any questions. If I am not under arrest, I would like to go now (or be left alone). 3. DonÕt Answer Questions Without Your Attorney Present Whether arrested or not, you should always exercise the right to remain silent. Anything you say to law enforcement officers, reporters, cellmates, or even your friends can be used as evidence against you. You have the right to have an attorney present during questioning. Your right to remain silent should always be exercised. 4. Determining if You Can Leave You may terminate an encounter with officers unless you are being detained under police custody or have been arrested. If you cannot tell whether you may leave, you can ask officers, ÒAm I under arrest or otherwise detained?Ó If the answer is, ÒNo,Ó you may leave. An officer can temporarily detain you without arresting you if he has Òreasonable suspicionÓ that you are involved in criminal activity. An officer must be able at a later time to articulate to a judge objective facts that would have caused a reasonable person to suspect that you were involved in criminal activity at the point that you were detained. Also, the officer may perform a Òpat downÓ or ÒfriskÓ on you during the detention if he has reasonable suspicion that you are armed. However, an officer may only reach into your pockets if he pats something that feels like a weapon. When an officer attempts to contact or question you, you should politely say: ÒI do not consent to this contact and I do not want to answer any questions. If I am not under arrest I would like to go now (or be left alone).Ó If arrested, you should again refuse a search of any kind and refuse to answer any questions. At this point you should insist on speaking to an attorney as soon as possible. 5. Do Not Be Hostile; Do Not Physically Resist There are times when individuals politely assert their rights and refuse to consent to a search but the officers nonetheless proceed to detain, search, or arrest them. In such cases, it is important not to physically resist. Rather, you should reassert your rights as outlined above in section 2. 6. Informing on Others The police and prosecution often try to pressure individuals into providing information that would lead to the arrest and conviction of others. Threats and promises by police and prosecutors should be viewed with caution and skepticism. Decisions should only be made after consulting with an experienced criminal defense attorney and examining oneÕs own conscience. Bill of Rights Photo Image
11. Marks & Katz: Surprise is a common response my clients have to their first arrest for driving while intoxicated. Sometimes the surprise is because the person is simply not guilty. Often, however, the person did drink over the legal limit, but just did not realize that it does not take much alcohol to make a person culpable of driving while intoxicated.
12. Christopher Swaby: Constitutional Rights
13. Thomas Rand If you are arrested for drunk driving, you should find a lawyer as soon as possible. In Maryland, you only have ten days from the date of the DWI arrest to request an MVA hearing that could help prevent your license being suspended; if the request is made after ten days, there is no guarantee that your temporary license will not expire. If the request isn't made within thirty days, the suspension cannot be lifted or modified.
14. Calvin Steinmetz: If you have been charged with Driving While Intoxicated (or some variation of that charge) you could face jail, substantial fines, and/or loss of your privilege to drive. In some jurisdictions, we can help you get into programs which may lead to dismissal of the charges and allow you to keep your drivers license. We can also analyze the basis for the arrest and the tests used to charge DWI to see if there is a good challenge at trial to the charge.
15. Winelander Group: Driving While Intoxicated (DWI) is considered a serious crime in every state
16. Stephen Jackson: You have the right to make the government prove each of the elements of the crime that you have been accused of committing beyond a reasonable doubt.