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Washington DC Drunk Driving Defense Attorneys

• Nawash Law Office: Drunk Driving DWI/DUI have serious consequences. Differences between "DWI" and "DUI"? Both terms represent operating a vehicle after consuming enough alcohol to register an alcohol level the consequence of which is arrest. Penalties for DUI/DWI depend on whether first, second, or subsequent conviction. Possible penalties are: € Conviction(s) with jail or prison time € Fines € Screening for drug abuse € Community service € Suspension of driver's license € Point charges and revocation of the license for a period of time DUI/DWI Trial Process & Defenses If you've been arrested and charged with "driving under the influence" ("DUI") or "driving while intoxicated "("DWI"), you definitely need a lawyer to defend you in court. The following is what may happen to you in court. 1. Arraignment 2. The first hearing is likely an arraignment. After reading the charge against you, the judge will ask whether you plead guilty or innocent. 3. The judge will decide release and bail. 4. The prosecutor will give attorney copies of police reports and documents the prosecutor wants to use against you. 5. Preliminary Hearings 6. At a preliminary hearing, the judge will be decide whether the evidence against you could convince a jury you were driving while intoxicated. While procedures differ from state to state, it can be your attorney's opportunity to know the prosecution's case. 7. An attorney can also reach a deal where one pleads guilty for a less severe sentence than if the case went to trial. 8. Moreover, the Court may delay judgment until completion of probation and then dismiss case. 9. Pre-Trial Motions 10. Attorney may bring motions to have evidence kept out of trial. Examples of such evidence include: € Physical evidence such as alcohol bottles confiscated from the car € Blood alcohol content testing results € Statements you may have made to the arresting officer(s) 11. Trial 12. If you find yourself at trial, the trial is likely to proceed with: € Jury selection € Opening statements by your attorney and prosecutor € Testimony from witnesses € Examination of witnesses by both attorneys € Motions from attorney after prosecution presented its case € Closing arguments summarizing evidence and application of law € Jury instructions on what law jury must apply € Jury deliberation € Jury verdict 13. Sentencing 14. If you're convicted for DWI, the judge may sentence you to: € Pay fines € Jail € Probation or a suspended sentence with specific conditions € Community service € Drug or alcohol counseling If your driver's license hasn't already been suspended, your state may suspend it for a certain period of time or put restrictions on when and where you can drive. You'll need a lawyer to represent you before and during trial. Defenses to DWI In deciding which defenses apply in your DWI case, your lawyer will look at all the evidence produced by police and witnesses. The prosecutor generally relies on the arresting police officer's testimony about how a DWI suspect was driving. An attorney may argue that there are many reasons for unusual driving behaviors that don't have anything to do with alcohol. An officer may testify as to your appearance and behavior when questioned, including: € Slurred speech € Bloodshot eyes € Inappropriate joking or incoherent speech € Stumbling or not being able to walk very far € Pupil enlargement When an officer suspects you may intoxicated, he or she may ask you to perform "field sobriety tests" to assess physical and mental alertness, and can include: € Walking a straight line € Walking backwards € Reciting the alphabet, front wards or backwards € Standing on one leg The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries - or simply aging -that make it impossible to perform these tasks under ideal conditions. Your lawyer may cross-examine the arresting officer in detail as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. Your lawyer may also point out to the jury that many jury members may have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances. Blood Alcohol Content Defenses The level of alcohol in your blood, called the Blood Alcohol Content ("BAC") can be measured by different tests. BAC can be determined from a blood test. Most DWI suspects have their blood tested by blowing into a breath testing device. These devices can be faulty and not well-maintained. Your attorney may subpoena police records on how the breath testing machine was maintained. Many defenses against DWI require a lawyer's expertise and experience. If you've been charged with DWI, it's important to contact a lawyer right away.
• 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.
• 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.
• Abraham Blitzer: Being arrested is a frightening experience. Facing a criminal charge--even a small one--can feel like a waking nightmare.
• 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.
• Leslie McAdoo: Driving Offenses: reckless driving, traffic offenses, speeding, drunk driving (DWI / DUI)
• Tony Booker: If you have been arrested and charged with driving under the influence (DUI) of drugs or alcohol in the Washington DC Metro area or the state of Maryland, our firm would like you know one very important fact: Almost every drunk driving case can be successfully challenged. Although convictions for DUI/DWI offenses can carry jail sentences and cost you fines and attorneys' fees, their primary consequence is felt once the conviction goes onto your driving record. Once this happens, you will not only begin paying increased insurance premiums for years to come, future minor traffic violations can ultimately cost you your license.
• Jim Neher: People make mistakes. If you have been arrested for and charged with DUI or DWI, I am prepared to assert your rights in court. I will review all of the evidence they intend to use against you to prove your guilt and look for any weakness in their case. If, for example, there was no probable cause to stop you, all evidence obtained thereafter is inadmissible in court. If the breath test was administered improperly, or you were threatened with jail time if you refused, the evidence is likewise subject to being suppressed, or ³tossed out.² I can help you keep your license.
• Eli J. Guiterman: DUI/DWI DEFENSE: In today's no-tolerance atmosphere regarding drunk driving, laws are strict and social stigma can be severe. If you have been charged with a drunken driving offense, upon conviction you could face mandatory license revocation, alcohol evaluation and treatment, jail-time, or even loss of your job. Having a lawyer at this critical time is the best way to ensure that you get a fair and just result.
• Vandersnick Law Office: Impairment may also be proven by the facts and circumstances surrounding the incident for which the driver was stopped or arrested. These facts and circumstances include observations of the driver by eyewitnesses, statements made by the driver or operator, and circumstantial evidence (for example, evidence that a defendant left a bar after being inside for several hours). The inquiry focuses on whether the defendant's ability to drive was impaired. Law enforcement officers have a number of standard tests for impairment, done at the time a driver is stopped, known as "field sobriety tests." These tests include walking a straight line by placing one foot directly in front of the other, holding one's arms straight out at the sides and touching the nose with closed eyes, counting backwards, and reciting the alphabet. Other evidence of impairment may include a law enforcement officer's observation of the defendant's driving, which probably was the reason the driver was stopped in the first place. Conduct such as driving too fast or too slowly, weaving across lanes, and going through stop signs or stoplights may be considered evidence of a driver's impairment. Drivers often will tell an officer who stops them that they have been drinking, how much they've had to drink, and when they had it. Such statements may also be evidence of impairment.
• Kevin Fahey: DWI/DUI means "driving while intoxicated" or "driving while under the influence" and refers to the crime of drunk driving. This crime usually includes driving while abusing drugs and the operation of other kinds of motorized vehicles, such as boats. Drunk driving is defined by each state's criminal code.
• John Spaulding:

  The terms "Driving While Intoxicated" (DWI) and "Driving under the Influence" (DUI) mean different things in different states.

  In Washington, D.C., "DUI" is the old drunk-driving statute that's been on the books for many years, long before chemical tests of one's blood alcohol concentration were known. DUI can be proved any way the city likes, with or without testing, with or without an accident, with or without a separate lesser traffic charge. All that's necessary is to prove that one's ability to operate a vehicle with normal skill and normal reactions is "appreciably, perceptibly, or noticeably" affected by alcohol to the slightest degree. If you can't stand on one leg and count to 30, or walk a straight line with your hands at your side without stepping off the line, or recite the alphabet (backwards! - as some officers require), or count your fingers, or touch your nose with your fingertips with your eyes closed, you can be found to be under the influence.

  On the other hand in Washington, D.C., DWI means something very specific: That you have a blood alcohol concentration (BAC) of .08% or higher.

  Once a BAC of .08% has been proven, witnesses who may say how sober you were will not be heard. The offense is completely proven just by your being behind the wheel and having a BAC of .08%.

  OWI stands for Operating While Impaired. It is proven exactly the same way DUI is proven. The differences between them are (1) DUI carries 90 days in jail, OWI only 30; (2) a DUI conviction deprives you of your standing to request occupational privileges (a "work permit") at your DMV hearing; and (3) in some other states, a report of a DUI conviction in D.C. may hurt you and your permit at home, but OWI may not.

  Did you take Breathalyzer tests?

  If you did, you may be eligible for a beautiful result: If your blood alcohol concentration (BAC) level was not over .20% on any one test, AND if you've never experienced an alcohol-related or drug-related traffic offense anywhere, AND if there was no accident causing substantial bodily injury, you will be eligible for "pretrial diversion," a program of alcohol education/counseling which, after you complete it, will result in no conviction, no license problems, and almost certainly no insurance problems stemming from the DWU/DUI part of your case.

  If you are charged with refusing the Breathalyzer tests, you will not be eligible for this program. Your case will be put on the regular trial track in Superior Court.

• Janai Reed: "You have the right to remain silent. If you choose to give up that right anything that you say can and will be used against you." Miranda V. Arizona It is amazing that so many people after hearing these word continue to speak giving up their right to remain silent. Usually this happens when someone thinks that they can talk themselves out of arrest. By the time you hear these words, it is too late.You have been arrested; now exercise your right to remain silent.
• Bernard Coleman: The legal intoxication limit in the metropolitan area is 0.08%, and law enforcement agencies in the Baltimore-Washington-Virginia corridor are trained to use twenty-six indicators to predict to a high probability whether a driver may be under the influence. Sometimes, despite these pointers, the officer is wrong and the stop was without probable cause. Nevertheless, a wrongful stop can grow into other charges such as refusal, driving without a seatbelt, and possession of contraband that may be in the vehicle or on the body of the accused. Most citizens become outraged when they have been arrested for drunk driving. Moreover, the citizen is nervous and has to undergo a field sobriety test (FST). Nervousness and general agitation can cause the individual to fail the test. Oftentimes the person must perform the FST in less than desirable circumstances, and no consideration is given for inclement weather, poor surfaces or emotionally stability.
• Michael Springman: If you have been arrested for DUI/DWI, you face serious consequences if convicted. In addition to substantial fines, you could lose your drivers license, insurance coverage and serve time in jail.
• 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.
• 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.
• Jeffery Lewis: What defenses are available to you will depend on the unique circumstances of your arrest.
• 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.
• 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.
• Christopher Swaby: Constitutional Rights
• 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.
• 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.
• Winelander Group: Driving While Intoxicated (DWI) is considered a serious crime in every state
• 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.