Being arrested for DWI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DWI attorney will help you understand all of your rights and options. 

What happens if I was arrested for DWI?
Under District of Columbia law, once you have been cited for violating the DWI or DUI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the District of Columbia Department Motor Vehicles.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.   

Administrative Hearing
Pursuant to District of Columbia law, an individual has 10 days to request a hearing from the Department Motor Vehicles.  If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department Motor Vehicles within 10 days.   

DWI vs. DUI in District of Columbia
District of Columbia law makes a distinction between “driving while intoxicated” (DWI) and “driving under the influence” (DUI).  An individual is convicted of DWI when their blood alcohol content (BAC) is 0.08% or higher; while an individual is convicted of DUI with a BAC of 0.05% or higher.  Though DUI in District of Columbia is a lesser offense, the penalties are severe and often result in similar consequences.            

DWI Penalties for First Time Offenders

Jail Time
A first time DWI offender will face imprisonment of up to 90 days. 

Monetary Fines
The maximum fine for a first time DWI is $300.00.

Driving Privileges
A DWI conviction results in the suspension of driving privileges for 6 months.

DUI Penalties for First Time Offenders

Jail Time
A first time DUI offender will face imprisonment of up to 30 days. 

Monetary Fines
The fine for a first time DUI is a minimum of $200.00, up to a maximum of $300.00.

Driving Privileges
A DUI conviction results in the suspension of driving privileges for 6 months.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges for 12 months.   

Commercial Drivers
Commercial drivers are in violation of the DWI statute with a blood alcohol content (BAC) of 0.04.  A first time DWI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DWI offenses will result in a lifetime loss of the commercial license. 

Alcohol Evaluation
Successful completion of a drug and alcohol evaluation and any treatment program required by the evaluating agency may be required for reinstatement of driving privileges.   

DWI Subsequent Offenses
Penalties are increasingly more severe for any additional DWI violations.  Due to the complexity of DWI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.