By Criminal Defense Attorney Chris Mutimer
If you were just arrested for a DUI in Washington DC, you’re probably scared, overwhelmed, and unsure about what happens next. You’ve likely heard that you have the “right to an attorney,” but the part no one tells you is that you don’t get a lawyer standing beside you on the street. You don’t get one in the squad car. And you don’t get one in the moment police start asking those subtle questions that can make your situation worse. What you do get is the power to protect yourself by invoking that right clearly and early. At Monument Legal, we help people in your exact position every day, and we want you to understand how to use this right before the system uses your words against you.
In DC, once you are officially arrested for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI), you have important constitutional protections. But people often misunderstand when those protections can help them. Police are not required to provide you with a lawyer at the roadside. They are not required to stop talking to you unless you clearly and calmly tell them you want an attorney. You can and should say: “I want to speak to a lawyer before answering any questions.” That sentence is powerful. It is your signal to stop the interrogation and prevent officers from gathering statements they may later use against you. You do not have to argue. You do not have to explain. You only have to say it once — but it must be said clearly.
“I’ve had cases thrown out just because officers ignored that one request.” – Attorney at Monument Legal
Invoking your right to a Washington DC DUI attorney does not magically make you immune from arrest or from being processed. What it does is force police to stop questioning you about the incident. Without questioning, they cannot collect extra statements, explanations, or offhand comments that prosecutors frequently use to strengthen a case. Many people talk too much during a DUI stop because they feel scared, embarrassed, or hopeful that “cooperating” might help. In reality, cooperation often turns into self-incrimination without you realizing it. Your statement protects you from that risk. It draws a legal boundary police must obey.
After you have been booked, you will have an opportunity to call your lawyer. Until that moment, the key is to avoid giving police anything more than your basic identifying information. You do not have to discuss where you were coming from, how much you drank, whether you feel “fine,” or whether you think you are able to drive. A Washington DC DUI lawyer can challenge almost any part of the government’s case, but protecting your record becomes much harder if you accidentally supply details that fill in gaps the prosecution otherwise could not prove. Once you make that phone call, your attorney can review what happened, assess whether your rights were violated, and guide you on what comes next.
At Monument Legal, our job is to examine the stop, the investigation, and the arrest from start to finish. We look at every detail that might strengthen your defense. A DUI lawyer in Washington DC can help by checking whether the police stop was legal, whether any field sobriety or chemical tests were properly administered, whether the officer respected your request for counsel, and whether the government has enough evidence to move forward. These issues matter because a DUI case is not simply about your breath test number or the officer’s impressions. It is about the law, your rights, and whether the government followed required procedures. We frequently see cases where officers keep asking questions even after someone asks for a lawyer. Courts take that seriously. In several cases, including ones we have handled personally, judges have thrown out statements or even entire prosecutions because officers ignored that request.
Whether it’s your first time being arrested or you’ve never even talked to a police officer before, the fear you feel during a DUI stop is real. Many clients tell us they could barely think clearly. That’s normal. But staying calm and respectful gives you a huge legal advantage. Officers are trained to note your tone, your reactions, your emotional state, and anything you say that suggests guilt. The calmer you remain, the harder it becomes for an officer to claim you were impaired, aggressive, or confused. You can be firm without being confrontational. You can protect your rights without escalating the situation.
If you believe you were stopped without cause, your attorney can challenge it. The law requires that officers have a valid reason to pull you over, such as a traffic violation or reasonable suspicion of impairment. If the stop was invalid, the entire case may collapse because everything that follows an illegal stop — the questioning, the tests, even the arrest — may be inadmissible. Our next video in this series will cover exactly what to do if you feel you were pulled over unfairly and how to protect yourself without making things worse in the moment.
You have the right to request a lawyer, but police do not have to provide one at the roadside. Once you say you want an attorney, they must stop questioning you until you can make contact after booking. Source: DC DUI Procedures
No. Once you clearly request legal counsel, officers are required to stop interrogation. If they continue, your attorney can ask the court to suppress those statements.
No. Courts recognize it as a constitutional right. Exercising your rights cannot be used as evidence of guilt.
Sometimes. If the stop was illegal, if officers ignored your request for counsel, or if testing procedures were flawed, dismissal or significant reductions may be possible.
As soon as you are booked and given access to a phone. Early legal guidance can protect your record and help prevent mistakes prosecutors rely on.
If you were arrested for DUI in Washington DC, remember that you are not powerless. Invoking your right to an attorney is one of the strongest protections you have, and using it wisely can shape the entire outcome of your case.