When someone is accused of (DUI) or driving while intoxicated (DWI), it means they were caught driving a vehicle while drunk or using other drugs. This impairment can affect their judgment and driving ability, putting their own life and the lives of others at risk. Is a DUI a criminal offense? DUI, OWI, and DWI are serious criminal offenses in most states, especially in the District of Columbia.
A DUI conviction brings serious consequences that impact your life in many ways. That’s why it’s crucial to have the best DUI attorney in Washington, DC, like those at Ervin Kibria Law, to help you fight such charges.
Losing a DUI case is an unthinkable option, as the penalties can be severe and may affect your life and job opportunities for a very long time. Many things can affect the final result of a DUI case, so it’s essential to have an expert defense attorney who is laser-focused on the best possible outcome, whether reducing the penalties or avoiding a conviction altogether.
Is a DUI a crime or just a traffic violation?
In most states, crimes and their punishments are categorized differently. In DC, driving under the influence (DUI) is considered a criminal traffic offense, but it does have some civil aspects as well (specifically in regards to ones driver’s license and ability to operate a vehicle in the district after being arrested and charged with DUI, DWI or OWI.
For felony DUI convictions, offenders usually face a year or more in prison and substantial fines. However, in states like California and Utah, first and second DUI offenses are typically misdemeanors, which are considered less severe.
If a police officer suspects you are driving under the influence, be prepared to be pulled over. You’ll likely have to do some field sobriety tests, such as walking straight or standing on one leg, and you might also take a breathalyzer test. These tests are usually optional before you are arrested.
Although DUI is generally a misdemeanor, it can be classified as a felony in DC if aggravating factors are present. For instance, if you caused injuries or property damage while driving under the influence, it could result in a felony charge.
A DUI conviction can result in your driver’s license being suspended and will appear on your criminal record, potentially resulting in more severe penalties in the future. To protect your rights and look into all your options when facing drunk driving charges in DC, retaining an expert, experienced DUI attorney is crucial. They can help you navigate the legal process effectively and may be able to secure alternatives to a guilty plea, such as the Deferred Sentencing Agreement (DSA), in a DC DUI case. To ensure the best possible outcome, working with a seasoned, premier DC DUI lawyer, like Nabeel Kibria of Ervin Kibria Law, who understands local DUI laws and can advocate aggressively for your rights, is highly recommended.
What Is a Criminal Offense?
A criminal offense is any action that breaks local, state, or federal laws. These offenses are generally divided into several categories, including personal crimes, property crimes, and traffic crimes.
Personal crimes involve harming others, such as in cases of assault, robbery, or theft. Property crimes include damaging or interfering with someone else’s belongings, preventing them from enjoying their property.
Traffic crimes involve illegal activities related to operating a motor vehicle, like driving with a suspended license. DUI (driving under the influence) often falls into this category because it endangers other drivers and pedestrians, making it a crime in most situations.
Do You Get Arrested for DUI?
In some states, the legal blood alcohol limit is 0.08% or 0.05%. However, Washington, DC, has a zero-tolerance policy, meaning you can face a DUI charge if your blood alcohol level is any score above 0.00%. While taking a breathalyzer test isn’t mandatory, police officers may use field sobriety tests as a reason to arrest you for DUI. Additionally, refusing to provide a breath, urine, or blood test can and will likely result in law enforcement adding refusal of chemo sample charges to the drunk driving charges.
DC has implied consent rules which essentially state that there is an implied consent to provide a breath, urine or blood test. Failing to do so violated the implied consent and will likely result in additional charges and additional consequences. These test results can also be used as evidence in court.
If you’re arrested for DUI and don’t have a driver’s license, the situation can get worse. If your license was already suspended because of a previous DUI or DWI, you face extra penalties for driving with a suspended license. These include a 180-day suspension for a first offense and up to a year for a second offense. It can significantly impact your driving ability and privileges. You might face hefty fines and even prison time without a skilled legal team working on your behalf. In severe cases, you could be required to serve mandatory jail time.
It’s also important to know that you don’t have to drive your vehicle to be arrested for DUI. Sitting in the driver’s seat with the keys in the ignition can be enough for a DUI charge, as it shows you had control of the vehicle. Although usually in the district of Columbia, having a vehicle ignition on with no evidence of driving usually results in an OWI (operating while intoxicated).
Differences Between DUI, DWI, and OWI
Understanding the differences between DUI, DWI, and OWI is essential because these terms often get mixed up but have specific legal meanings.
- DUI stands for “Driving Under the Influence.” This term covers cases where a driver is impaired by alcohol or drugs, whether they are legal or not. Depending on the severity of the situation and the state’s laws, penalties for a DUI can be severe or even jail time.
- DWI stands for “Driving While Intoxicated” and is used in some states instead of DUI. It specifically means driving with a blood alcohol concentration (BAC) above the legal limit, usually 0.08%. The penalties for DWI are similar to those for DUI but can be harsher if your BAC is well above the limit.
- OWI, or “Operating While Intoxicated,” is used in states like Indiana and Iowa and in the District of Columbia. It applies to operating any motor vehicle, not just cars but also boats or heavy machinery, while intoxicated. The penalties for OWI are similar to those for DUI and DWI, including fines, mandatory education programs, community service, and possibly jail time. This is usually charged when a vehicle is operated (ignition is on) but not necessarily driven on the roadway.
Each term defines a different impaired driving law based on the state’s legal language. Check local laws or talk to an expert DC DUI attorney for detailed information on how these terms apply in your state.
DUI Conviction Factors
Several factors influence the outcome of a DUI case in DC Superior Court. Depending on the details of your arrest, a DUI conviction can result in jail time, hefty fines, and other highly consequential penalties.
For a first-offense DUI/OWI, you could face fines of up to $1,000 and up to 180 days in jail. Additional jail time is mandated for higher blood alcohol levels: 10 days for a BAC over 0.20%, 15 days for over 0.25%, and 20 days for over 0.30%.
If you commit a second DUI within 15 years, you might be fined between $2,500 and $5,000 and spend at least ten days in jail. For offenders under 17, fines usually range from $500 to $1,000 for first and subsequent DUI offenses.
Failing a breath test is a severe crime in many states, whether classified as a traffic violation or a misdemeanor. It’s essential to consult with an expert DUI defense lawyer who can aggressively represent you through the legal process. With the right attorney, you may be able to avoid a criminal record and potentially reduce your jail time for a DUI offense, regardless of whether it’s your first offense. In many cases, an elite, expert DC DUI attorney can work to get the charges dismissed altogether.
Drunk Driving Felony
If your DUI case is considered a felony, you will face more severe penalties than a misdemeanor DUI. This can happen if you cause an accident while drunk or if your blood alcohol content is extremely high. In these situations, reaching out to a skilled, aggressive, expert DUI lawyer is crucial. An expert DUI attorney can increase your chances of winning the case or help lessen the impact of the charges if convicted.
How Long Does a DUI Stay on Your Record?
A DUI charge stays on your driving record for 15 years and your insurance record for 3 to 5 years. Even if you don’t go to jail, a DUI can negatively impact your life and career, especially with regard to background checks and employment.
An aggressive, experienced legal team can identify weaknesses in your case and work towards a favorable outcome. Contact Ervin Kibria Law today to start building the best defense possible.