When you are
arrested for a drunk driving related charge
in Washington DC it will result in two separate
cases. The first case is the criminal case
in which you can be subject to various penalties
including fines, mandatory alcohol education
classes, community service, probation and even
jail time. The second case is a civil or administrative
case with the Washington DC Department of
Transportation. The sole issue with this case
is your privilege to drive. Since these cases
are separate and independent of each other
it is possible to have the criminal charges
dismissed and still have your license suspended
through the administrative case.
With respect
to the criminal case, the prosecution has two
separate theories in which to pursue
the charges. The first theory, and the most
common, is the "per se" theory.
Under this theory, the prosecution must prove
that you were driving a vehicle with a blood-alcohol
content of .08% or higher. It makes no difference
whether your consumption of alcohol negatively
impaired your ability to safely drive. This
theory relies solely on your body chemistry.
The
second theory is the traditional common law "under the influence" theory.
Under this theory the prosecution must prove
beyond a reasonable doubt that due to your
consumption of alcohol, your mental and physical
faculties were impaired so that you could not
drive with the caution of a sober driver.
The evidence typically introduced to prove
this theory can include the arresting officer's
testimony regarding your field sobriety test,
your driving pattern and physical appearance
and possibly the testimony of eyewitnesses.
As
with most states, Washington, DC increases
the severity of the punishment if the offender
has one or more prior offenses. Currently,
Washington DC has a 15 year “lookback” period
in which to determine whether you have any
prior offenses, calculated from the date
of your most current arrest. Washington
DC’s DUI punishments includes fines,
jail, probation, license suspensions, community
service or work release, mandatory alcohol
educational courses and treatment, vehicle
impoundment, and installation of an ignition
interlock device.
Washington, DC Diversion Program
Washington DC currently
has a first-time offender diversion program. This program
will allow first-time offenders to avoid
a conviction if they’re able to abide
by the terms of the diversion agreement.
Basically, a first-time offender would agree
to plead guilty to the DUI but the sentence
would be suspended for the length of the
probationary period. In addition, the offender
would agree to enter alcohol education and
treatment courses and participate in community
service and other programs. If, after the
probation period is over and the offender
has successfully completed the terms of the
diversion agreement, there would be no conviction
on the offender’s criminal record.
However, if the offender fails to abide by
the terms of the agreement the suspension
of sentence would be lifted and the offender
may be subject to additional penalties, plus
the conviction would be placed on the offender’s
criminal record.
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