Driving under the influence (DUI) is a criminal offense in Washington, DC and all states. However, states may have different definitions for the offense and different sentencing guidelines upon conviction.
Generally, DUI laws prohibit drivers from being in control of a vehicle while under the influence of any substances that impair a person’s motor skills, such as alcohol, illegal drugs, and over-the-counter medication. If you’re caught up in the nuances and legalities, speaking to Michigan criminal defense lawyer David Benowitz can prove to be beneficial.
Some states may have different names for the offense, such as DWI (driving while intoxicated), OUI (operating while intoxicated), and OMVI (operating a motor vehicle while intoxicated).
Consequences for a DUI Conviction in Washington DC
All states except Utah follow the federal government’s guideline on the BAC limit, which is 0.08 for drivers over 21 and 0.01 for drivers under 21. Upon a first conviction of DUI in Washington, DC, the offender faces penalties of up to 90 days jail time and $500 in fines.
A second conviction attracts up to one year in jail and $2,500 in fines. Penalties for a third conviction include jail time of up to a year and fines of up to $5,000. Other consequences include license revocation, community service, vehicle impoundment, and installing an interlocking ignition device.
Washington DUI laws apply to both Washington and out-of-state drivers. As such, drivers from outside Washington are held to the same standards as drivers with Washington driving licenses.
Implied Consent
All states have implied consent rules. Under these rules, a driver consents to chemical testing for drugs and alcohol by being on the road.
In most cases, the police depend on blood tests to determine a driver’s BAC level. As such, after a police stop or arrest, the police may subject you to a blood test to ascertain your level of intoxication.
You can refuse to take the test, but your refusal can attract additional criminal charges and penalties, including license suspension.
Policies for DUI Drivers
While a DUI is a state-level offense, the implications of a conviction can go beyond state lines. Most states, except Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin, are bound by the Interstate Driver’s License Compact (IDLC) contract. According to the contract, participating states must honor DUI license suspension requirements from other states.
For example, if a driver has a DUI conviction in Florida, which results in license suspension, Washington, DC must uphold the same if the driver moves to the state. The same would apply to a Washington, DC driver who moves to Florida with a suspended license. This compact between states works on the assumption that every driver in the US has only one driving license and driving record. As such, losing their rights in one state means they lose them in all states that are party to the compact.
IDLC has limitations in that a state is not required to enforce suspensions if it doesn’t have a law similar to the one used to apply it. However, the Driver’s License Agreement (DLA) addresses this limitation. The DLA is currently replacing the IDLC and allows states to enforce another state’s suspension even when the state doesn’t have a similar law.
Should I Get a Lawyer?
Given the consequences, involving a lawyer is always a good idea. A lawyer cannot guarantee avoiding a conviction, but they can help improve the outcomes. They can help you out in more than just the legal aspects of the case.
For example, if you are a first-time offender with a relatively low BAC level, your lawyer can help you explore the possibility of a diversion program. A diversion program can allow you to walk away without a criminal record after its completion. If you or someone you know is in need of a DUI lawyer in Washington, DC, reach out today to David Benowitz to see if we can help you.
