{"id":372359,"date":"2017-06-12T17:50:50","date_gmt":"2017-06-12T22:50:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/dc-law\/your-washington-dc-dui-case-the-basics.html"},"modified":"2017-06-16T15:19:35","modified_gmt":"2017-06-16T20:19:35","slug":"your-washington-dc-dui-case-the-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/dc-law\/your-washington-dc-dui-case-the-basics.html","title":{"rendered":"our Washington, D.C. DUI Case: The Basics"},"content":{"rendered":"\n
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Your Washington, D.C. DUI Case: The Basics<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

You started off the night at a local D.C. hangout with just a few glasses of wine with co-workers. Then, things got real. Too real. So real that you can’t remember what happened. All you know is that you ended up behind the wheel of your car and slammed into a telephone pole.<\/p>\n

The Metro Police Department<\/a> got involved and you’re in a whole lot of trouble. This is your third DWI in the past 15 years. As you sit in a D.C. Jail cell sobbing, you wonder what is your wife going to say? Will you lose your license forever? Do you need a lawyer, again? Okay, calm down and start with getting informed. Here’s what may happen in a typical Washington D.C. DWI\/DUI case.<\/p>\n

Criminal Charges<\/h2>\n

In the District of Columbia, there are two main ways drivers are charged with being impaired by drugs or alcohol. These are referred to as Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) and are defined as follows:<\/p>\n

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  1. DWI: Your chemical test (blood, breath, or urine) result is 0.08%. BAC or higher<\/li>\n
  2. DUI: You are driving and determined to be under the influence of alcohol and\/or drugs.<\/li>\n<\/ol>\n

     <\/p>\n

    Under 21 Drinking and Driving<\/h2>\n

    We are going to give it to you straight. Do not drink and drive if you are under 21. The District of Columbia doesn’t mess around here. The law is one of zero tolerance<\/a>. You can’t have any amount of alcohol in your system. If you do, you’ll be charged with a DWI and have your license revoked for six months.<\/p>\n

    Washington D.C. DWI \/ DUI’s Are a Two-Part Process<\/h2>\n

    Most people don’t realize that when they are arrested for a DWI\/DUI in the District, they’ll have to deal with two historically unpopular government agencies: the District of Columbia DMV<\/a> and the Washington D.C. criminal courts<\/a>. Why? Because the DMV will handle your license suspension pursuant to the implied consent<\/a> laws and the courts will deal with your criminal case.<\/p>\n

    Your License Suspension<\/h2>\n

    Let’s begin with your driver’s license. Your District of Columbia driving privileges will be automatically suspended by the Department of Motor Vehicles<\/a> once you get arrested. It doesn’t matter whether or not you are later convicted of the crime in a D.C. courtroom<\/a>.<\/p>\n

    To get your license reinstated after a suspension, you must wait for the suspension period to expire and pay a reinstatement fee. You can’t get back a license that was revoked, however. Instead, you must apply for a brand-new license, and will only happen after a hearing has been held to determine whether you are eligible to be allowed back behind the wheel.<\/p>\n

    Implied Consent<\/h2>\n

    As a Washington D.C. driver, you’ve already given your implied consent<\/a> to take a chemical test. If you refuse the test, it will result in an automatic twelve-month driver’s license suspension<\/a>. This is in addition to any penalties you’ll receive if you are convicted or plead in the criminal case.<\/p>\n

    License Suspension After a Conviction<\/h2>\n

    The following are the periods of revocation that result based on how many times one has committed the offense:<\/p>\n