News & Insights

Driving under the influence (DUI) is a serious offense in Washington DC, and carries significant legal and personal consequences that begin with your arrest. Having an understanding of the process and knowing what to expect may alleviate some of the stress and anxiety that accompany a DUI arrest. This blog will provide an overview of what constitutes a DUI charge, the blood alcohol concentration (BAC) limits, common substances involved, the arrest process, and what to expect post-arrest. Learn how the DC DUI Lawyers at Monument Legal can help.

BAC Limits and Common Substances Involved in DUI Charges

In Washington DC, the legal limit for blood alcohol concentration (BAC) is set at 0.08% for drivers aged 21 and over. For commercial drivers, the limit is 0.04%, and for drivers under 21, a zero-tolerance policy is in place, meaning any detectable amount of alcohol can result in a DUI charge.

While alcohol is the most common substance involved in DUI cases, other substances can also impair driving ability. These include prescription medications, over-the-counter drugs, and illegal substances such as marijuana, cocaine, and methamphetamine. Even some legal medications can lead to a DUI charge if they impair a driver’s ability to operate a vehicle safely.

The DUI Arrest Process

While every case is different, the process of a DUI arrest in Washington DC typically follows several steps:

1. Traffic Stop: A DUI investigation often begins with a traffic stop. Law enforcement officers may pull over a driver for erratic driving, speeding, or another traffic violation, such as failing to turn on headlights, turning without signals, or running stop signs or red lights. Unsurprisingly, many arrests begin with an auto accident.
2. Observation: Once stopped, the officer will observe the driver for signs of intoxication. These signs may include slurred speech, bloodshot eyes, the smell of alcohol or drugs, and difficulty in understanding or following instructions.
3. Field Sobriety Tests: : If the officer suspects impairment, they may ask the driver to perform a series of field sobriety tests. These tests assess the driver’s coordination, balance, and cognitive function. Common tests include the horizontal gaze nystagmus (eye movement), walk-and-turn, and one-leg stand. These Standardized Field Sobriety tests originate from NHTSA. Any DC criminal defense attorney who specializes in DC DUI’s should be well versed in the in’s and outs of these tests.
4. Arrest: If the officer has probable cause to believe the driver is under the influence, they will arrest the driver and take them to a police station or DUI processing facility.

After a DUI Arrest

If the officers believe that they have probable cause to arrest the driver, there are several steps you can expect to go through.

1. Chemical Testing: At the station, the driver will undergo chemical testing, usually a breathalyzer or urine test, to accurately measure BAC or the presence of drugs. Refusal to submit to these tests may lead to 12-month driver’s license suspension.
2. Book and release: Following the chemical test, the driver will be booked, which involves taking fingerprints, a “mug shot,” and personal information. If this is the driver’s first DUI arrest, they will likely be released from custody, and given a citation to appear in court at a later date. Drivers with prior convictions, however, may be held in custody until a court hearing the next day.
3. Court Proceedings: The driver’s first court hearing will be an arraignment. There, they will be formally charged and enter a plea of not-guilty. While this plea may change at a later hearing, in Washington, DC, all defendants enter this initial not-guilty plea. The judge will also impose conditions of release at arraignment, which may include a reporting requirement and a substance abuse assessment.

The process of any remaining court hearings will be determined by several factors, including the strength of the government’s case against the driver. Through the advice and consultation of our DC DUI lawyer, you will come to a decision about whether you wish to enter into a plea agreement with the government or let the judge determine your guilt or innocence at trial.

Monument Legal Will Help With Your DC DUI

A DUI charge in Washington DC is a serious matter with far-reaching consequences. Understanding the BAC limits, the substances involved, and the arrest and post-arrest processes can help individuals better navigate the legal landscape and make informed decisions. If you find yourself facing a DUI charge, the DC criminal defense lawyers at Monument Legal will ensure that your rights are protected and help you navigate the complexities of the legal system effectively.

Have you received a Washington, DC DUI charge? Contact us to discuss the best way to move forward.