DC DUI Laws | Ervin Kibria Law | Criminal Defense Attorney

First Time DUI Charges in DC

Under DC DUI Laws, driving with a blood alcohol concentration (BAC) of .08 or higher is illegal. Often the first time someone is charged with a DUI is the first time they’ve driven drunk and been caught. As a result, they may be surprised to learn that there are consequences for their actions – not only to their license but also in terms of criminal penalties if convicted.

A DUI is a serious crime with real consequences – and without intervention, it can lead to death or disability for others as well as catastrophic disruptions in life. So it’s important to take this crime seriously and use it as a wake-up call that you need help managing your drinking or drug use. With sufficient treatment, you can recover from addiction-related problems and avoid the negative outcomes of addicted behavior.

If you’ve been arrested for DUI:

The first thing to do is to schedule a consultation with an experienced lawyer, who will lay out all of your options – including whether you may be able to avoid a conviction by undergoing treatment (for damage control).

Then the lawyer will help you identify the most appropriate, effective, and cost-efficient program. Next, the lawyer will file a pre-trial motion if the prosecutor doesn’t agree to probation or treatment. Finally, the lawyer will fight hard in court on your behalf if that fails. Often a judge can use their discretion, even on a first offense, and decide whether the penalties for conviction outweigh the consequences for someone who’s never had alcohol or drug problems before. However, it’s important not to rely on a judge in such a decision. You also need to ask yourself how you will stop drinking or using drugs if you avoid the consequences of your behavior.

If your behavior shows an addiction, take this opportunity to get help. You’ll save yourself a lot of worry and hardship, and you may even be able to keep your license and stay out of jail – thus avoiding the more severe problems that can result from continued alcohol or drug use.

Penalties for a First-Time DUI Conviction

First-time DUI offenders face imprisonment of up to 1 year and a fine of up to $2,500. The penalties are significant because the court must consider the usual sanctions and the DUI conviction. They include:

• A driver’s license suspension for at least six months and up to a year;
• Loss of driving privileges (if not eligible for a restricted license) for at least one year;
• A period of probation (includes drug or alcohol counseling and or treatment);
• Loss of your driver’s license if you’re under 21 at the time of conviction;
• If spotted driving drunk again, the possibility of having your car impounded.

First Time DUI Hearings

Because the charges in this situation are severe, you will be assigned a preliminary hearing. At the preliminary hearing, your lawyer can explain the allegations against you and present evidence to contest the charges. If there is sufficient evidence, you must appear for a full trial before a jury if convicted.

The good news is that most courts will allow an optional alcohol and drug counseling program as an alternative to jail. The alternative could save you much time – and money – if your lawyer can convince the judge to let you experience treatment instead of jail time. Jail doesn’t solve addiction problems; only after treatment does people usually learn how to manage their drinking or use drugs and stop using them again, which is no longer associated with driving under the influence.

The occupational license for a first-time conviction is a hardship license or restricted license – you won’t be allowed on the highways or in normal traffic, you may not drive at night, and you must have an ignition interlock.

How likely is jail time for a first DUI?

Few traffic prosecutors are willing to go to trial against a first-time offender. You have the goods on the prosecutor. In our office, we have seen cases where the prosecution offered probation before judgment. The first-time DUI can be charged as a class A misdemeanor or a class C felony.

The penalties are much higher if your blood alcohol concentration is 0.15% or greater – and with a first offense, the maximum prison sentence is one year in jail and $2,500 in fines for every person injured during an accident. Also, you can be charged with DWAI and DUI: First Time DWAI carries similar penalties to DUI (a class C felony).

First-time DUI and DWAI can also be charged as a single offense, or they can be charged separately, which the DC DMV will treat. Usually, the DMV will allow the suspension of your license or registration to be lifted after a certain period.

Negotiating DC DUI Cases with Prosecutors

Few traffic prosecutors are willing to go to trial against a first-time offender. You have the goods on the prosecutor. In our office, we have seen cases where the prosecution offered probation before judgment. The first-time DUI can be charged as a class A misdemeanor or a class C felony.

The penalties are much higher if your blood alcohol concentration is 0.15% or greater – and with a first offense, the maximum prison sentence is one year in jail and $2,500 in fines for every person injured during an accident. Also, you can be charged with DWAI and DUI: First Time DWAI carries similar penalties to DUI (a class C felony).

First-time DUI and DWAI can also be charged as a single offense, or they can be charged separately, which the DC DMV will treat. Usually, the DMV will allow the suspension of your license or registration to be lifted after a certain period.

Types of Programs Offered by Alcohol Treatment Providers

Many programs are available, but you must pick the right one that suits your needs. Your treatment will vary depending on your case and how long you’ve served or left on probation.

Short-term Programs: These 11 or 12-week programs immediately address your problem. However, they are intensive and require attendance at a minimum of 3 Alcoholics Anonymous meetings per week.

Medium-term Programs: These 20 to 24 weeks of treatment are to keep you out of jail. It’s usually a more sober lifestyle that’s rewarded with reduced sentences, fines, and fees for those who complete them. You must attend Alcoholics Anonymous meetings twice weekly and work with the counselor on an individualized case plan. Use our Criminal Information Center to find alcohol treatment providers that can meet your needs and address your specific case requirements by clicking here.

Long-term Programs are usually at least 28 weeks and can last up to a year or more. The programs offer the best results for people who have suffered from addiction to alcohol and have experienced severe consequences from their drinking. There are higher success rates for those who complete long-term programs. It would be best if you were willing to attend Alcoholics Anonymous meetings three times per week and work with your counselor on an individualized plan.

First Time DUI (or DWAI) cases are handled in various ways, depending on how much time you have left on probation, whether you’ve had past problems with alcohol or drugs, and how many people were injured. Many options should be discussed when you have completed your treatment program.