Why Hire a Washington DC DUI Attorney

Hiring a DC DUI lawyer is crucial because the District of Columbia is a “zero tolerance” jurisdiction when it comes to getting behind the wheel after consuming alcohol or other drugs, including not just illegal drugs, but even prescription and non-prescription drugs. Any measurable amount of alcohol or drugs in your system can lead to an arrest and conviction for DUI or the related charges of Driving While Impaired (DWI) and Operating While Impaired (OWI), as long as the United States Attorney and the police can prove that you were impaired. If you are charged with DUI in Washington, DC, your case will be treated harshly, possibly harsher than any other jurisdiction in the country.

Potential Consequences of a First-Time DUI Conviction in Washington, DC:

• Up to 180 days of jail time, including minimum mandatory jail time depending on BAC level.
• Up to $1000 in fines.
• Possible Suspension of Driver’s License for 1 year
• Mandated use of an interlock ignition system for 6 months, with a restricted driver’s license.
• Significant points added to your Washington, DC driver’s license.
• DUI on your record for 15 years (which can affect employment, credit, housing applications, etc.)

If you are in that situation, it is vital to get an aggressive DC DUI lawyer on your side who will fight for you every step of the way. That is where the experienced lawyers at Ervin Kibria Law come in. We will work with you as an individual to aggressively investigate, defend and challenge the charges. If you have trouble with charges of DUI, DWI, or OWI, contact us today to schedule a free consultation.

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What Does Driving Under the Influence (DUI) Mean in Washington, DC?

DC Code §50-2206.11 forbids a person who is either intoxicated or under the influence of alcohol or drugs to operate or be in physical control of any vehicle in the District of Columbia. Officially, being “intoxicated” means a Blood Alcohol Content (BAC) of 0.08 or higher, but that does not mean you cannot be convicted of DUI with a lower BAC. In Washington, DC, mandatory jail time penalties apply from as low as 0.02 BAC upward. If you are facing a DUI charge in Washington, DC, it is important you consult with a DC DUI lawyer regarding your options.

What does Operating While Impaired (OWI) mean in Washington, DC?

As experienced DUI Lawyers in Washington DC know, the District of Columbia is extremely strict when it comes to drunk driving. In fact, you do not even have to be driving to face punishment for getting behind the wheel with alcohol or drugs in your system.

Per DC Code §50–2206.14 “no person shall operate or be in physical control of any vehicle in the District while the person’s ability to operate or be in physical control of a vehicle is impaired by the consumption of alcohol or any drug or any combination thereof.”

The important term is “physical control”. You could be parked and just sitting behind the wheel with the keys in the ignition, with no intention to drive, but because you are still in physical control of the vehicle, you could still be charged with Operating While Impaired (OWI) by a passing police officer.

Conviction for OWI involves paying fines and potentially serving jail time, with mandatory jail time if it is your second or subsequent conviction. If you are facing OWI charges in Washington DC, it is important you speak with a DC OWI lawyer regarding your options. Contact Ervin Kibria Law today for a free consultation.

Experienced Washington, DC DUI Lawyer

When you are facing a drunk driving charge or any motor vehicle traffic offense, you need fast, accurate answers about your situation and the best way to proceed to protect your rights. The defense attorneys at Ervin Kibria understand your concerns and your sense of urgency in dealing with a difficult situation.

• The consequences for DUI: Clients who reach out to us concerning a DUI arrest often share common questions. These concerns are best addressed by a DC DUI lawyer experienced with DUI cases. While every case is different, clients often struggle with understanding what a DUI conviction would mean. Will there be a criminal record? Do I have to go to trial? Years in jail? Months in jail? I had an accident? Loss of a driver’s license?  We are here to listen to your concerns, answer your questions to the best of our ability, and guide through the difficult legal process.

• An aggressive defense: The consequences of a DUI charge often depend on having an experienced dc DUI attorney to represent you. At Ervin Kibria, we have the necessary experience to aggressively investigate, defend and challenge the charges.

• We work with you as an individual: We do not treat cases as if they were a car on an assembly line. We are not a DUI mill. We are personalized. We are accessible. We are hands on. We keep our practice small so we can be completely dedicated to giving our clients the very best representation. When you hire us you have direct access to us, not a law clerk, or a paralegal, or an associate dc DUI attorney.

Whether you are dealing with a DUI charge, a serious local traffic offense that can put points on your driver’s license, or you need a possession of marijuana lawyer, you can depend on the defense lawyers at Ervin Kibria law firm to give you the best advice and determine what’s right for you. Whether We know and understand your rights.

A DUI vs a DWI in the District Explained

A lot of people don’t know what to expect when it comes to a DUI vs a DWI in Washington, DC. A DUI means you’ve been caught driving at a BAC of 0.05 or higher. A law enforcement officer will request you take a Standard Field Sobriety Test (SFST) and make a finding that showed evidence of you being impaired by having poor driving or slurred speech.

Some people might think they can refuse a chemical alcohol-detecting test for breath or urine, but refusing to submit to these tests when lawfully asked to do so means civil punishment – which will suspend your driving privileges for up to a year. In addition, the prosecution can use this against you to prove that you had “consciousness” of being guilty.

What is the difference between civil and criminal punishment for your DUI? It means that your DUI charge will result in administrative action against you – suspended driving privileges by the DC Department of Motor Vehicles (DMV) and then you’ll be further prosecuted by DC Superior Court in this criminal matter.

DWI means the government must prove you were in “physical control” of the vehicle. You could simply be sitting behind the wheel with your keys in the ignition at a standstill, and that would prove “physical control.” Next, your BAC would have to be detected at 0.08 or higher. DWI is different from DUI in that it does not need to be proven your driving was affected.

Penalties for a first time DWI can be $1,000 and up to 180 days in jail – but with the right Washington DC DUI & DWI attorney, you may be able to avoid these hefty penalties. However, no attorney can avoid your 10-day imprisonment if your BAC is 0.20 or higher. Before you get behind the wheel after drinking, think twice! Ride-share services are affordable in the District.

Additional penalties are added if there is a minor in the vehicle. You could be fined $500-$1000 per minor. If your minors are not restrained by an age-appropriate child passenger-safety restraint, you could face 10 days of imprisonment that no attorney can get dismissed.

After you get a DUI or DWI conviction in DC, you could be required to pay for an ignition interlock device that would require you to pass the breathalyzer every time you start up your car. Since DC is a ‘zero tolerance’ district, you could have other time-consuming and costly punishments added. You could be entered into an alcohol awareness and driver education program and undergo regular alcohol testing.

For this complex matter, you need to have the best legal counsel available to you. Washington DC’s best DUI & DWI attorney is only a call away at 202-689-4439. Expert DC DUI & DWI attorney Nabeel Kibria is always available to take you and your case- at any time of day. Most law offices you call on the weekend or after business hours will route you to voicemail and you won’t hear back from the attorney until business hours have begun. Mr. Kibria is different – he will personally answer your questions and address your concerns regarding your case. Check out his Google reviews – he has had hundreds of charges dismissed and his success rate is second-to-none! For DUI lawyers Fairfax VA you need an experienced DWI attorney. For a Fairfax Reckless Driving Lawyer be sure to contact our office!

Penalties For Washington, DC DUI Conviction

Standard DUI Penalties For First Offense:

Driving Under the Influence (DUI)

Driving under the influence (DUI) is the most serious impaired driving offense you or someone can be charged within the District of Columbia. It is imperative to have a knowledgeable DC DUI attorney when charged with a DUI in Washington, DC.

The DUI offense consists of two elements.  First, the government must prove that the defendant was “operating” or in “physical control” of the vehicle.  Second, the government needs to prove that the defendant’s ability to operate or control the vehicle was impaired as a result of either drug or alcohol intoxication. D.C. Code 50-2201.05(b).

The penalty for a first conviction of a DUI charge is a $1,000 fine and up to 180 days in jail (all of which can be suspended). However, it is critical to know that if the blood alcohol concentration (BAC) of the defendant at the time a BAC test is administered is 0.20 grams or greater per 100 milliliters of blood, a 10-day mandatory minimum sentence of imprisonment will be imposed. If a BAC test results come back above 0.25 grams per 100 milliliters of blood there is a mandatory 15-day jail term. If a BAC test results come back above 0.30 then a there is a mandatory 20-day jail term. This is only if no one has an injury.

DUI Penalties With a Prior DUI Conviction

The penalty for a second DUI conviction within a 15-year period is a $2,500 – $5,000 fine and a sentence of up to a year for this crime. Such a conviction also carries with it a minimum 10 days jail sentence that cannot be suspended.

If the defendant’s blood alcohol concentration (BAC) is 0.25 grams or greater per 100 milliliters of blood during the second arrest, a minimum of 15 days of mandatory personal imprisonment is imposed. If a BAC test result returns above 0.25 grams per 100 milliliters of blood there is a mandatory 20-day jail term. and a 25-day jail-term for a test result above 0.30.

The penalty for a third or subsequent conviction within a 15-year period carries a fine of $2,500-$10,000 and a mandatory 15-day period of incarceration for these crimes.  If the blood alcohol concentration (BAC)  during a third or subsequent conviction is at least 0.20 grams per 100 milliliters of blood, then the defendant is subject to a 20-day mandatory-minimum term of incarceration. If the BAC test results return above 0.25 grams per 100 milliliters of blood a mandatory 25-day jail term is imposed.  For a BAC  test result above 0.30.then, a 30-day jail-term will be imposed.

Operating While Impaired (OWI)

OWI is the simplest, and somewhat, easiest of the impaired driving or so-called “drinking and driving” offenses for the government to prove against a defendant, who is so charged. When prosecuting this particular offense, the government only needs to prove that the defendant’s ability to operate a vehicle was “noticeably impaired” by the consumption of “intoxicating liquor.”

However, the operating while impaired (OWI) offense imposes the lightest penalties out of the three impaired driving charges.  A first conviction carries a $500 fine and a maximum sentence of 90 days. D.C. Code 50-2201.05(b).

A second conviction within a 15-year time period carries a $1,000 – $2,500 fine and incarceration of up to a year, 5 days of which cannot be suspended.  A third or subsequent offense within a 15 year period carries a $1000-$5000 fine and a 10-day to one year sentence, with a mandatory minimum of 10 days.  D.C. Code 50-2201.05(b).

DUI Washington DC (DWI)

The government needs to prove two things to obtain a conviction for DWI (driving while intoxicated) in D.C.  First, it needs to prove that the defendant was “operating” or in “physical control” of the vehicle.  This does not require that the defendant was actually driving the car.  Simply sitting at the wheel with the keys in the ignition could be enough for the court to infer operation or physical control.

Second, before anything, the government must prove that, at the time of testing, the blood alcohol concentration of the person operating the car was 0.08 grams per 100 milliliters of blood or greater.  Unlike the related offense of driving under the influence, the prosecution does not need to prove impaired driving through intoxication. D.C. Code 50-2201.05(b).

The penalty for a first conviction of DWI is a $1,000 fine and up to 180 days in jail (all of which can be suspended depending on the judge, the prevailing circumstances and at times the efforts of a good DC DUI lawyer).

It is very important to note, though,  that if the blood alcohol concentration (BAC) of the defendant at the time of testing is 0.20 grams or higher per 100 milliliters of blood, there is a 10-day mandatory minimum sentence of imprisonment.  If a BAC test result above 0.25 grams per 100 milliliters of blood there is a mandatory 15-day jail term.  If a BAC test results above 0.30 then a there is a mandatory 20-day jail term.

The penalty for a second conviction within a 15-year period is a $2,500 – $5,000 fine and a sentence of up to a year, with at least 10 days that CANNOT be suspended.

If the defendant’s blood alcohol concentration (BAC) is 0.20 grams or greater per 100 milliliters of blood during a second arrest, a minimum of 15 days of mandatory imprisonment is imposed.  If the defendant’s blood alcohol concentration (BAC) test results above 0.25 grams per 100 milliliters of blood during a second arrest there is a mandatory 20-day jail term.  If the defendant’s blood alcohol concentration (BAC) is above 0.30 there is a  mandatory 25-day jail term.

The penalty for a third or subsequent conviction within a 15-year period is a fine of $2,500-$10,000 and a mandatory 15-day period of incarceration.  If the blood alcohol concentration at third or subsequent is at least 0.20 grams per 100 milliliters of blood, the defendant must serve a 20 day mandatory-minimum term of incarceration, a mandatory 25 day jail term for a test result above 0.25 grams per 100 milliliters of blood and a mandatory 30-day jail-term for a test result above 0.30.

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