News & Insights

Driving under the influence (DUI) is a serious offense with far-reaching consequences

If you’re facing DUI charges in Washington, DC, it’s vital to understand the role of a DUI attorney, common defenses, the role of field sobriety tests, and your legal rights.

The Role of a DUI Attorney

A DUI attorney plays a crucial role in building a strong defense and protecting your rights. They should:

• Investigate the Case: Your attorney will thoroughly examine the circumstances of your arrest, including the police officer’s conduct, the reason for the traffic stop, the administration of field sobriety tests, and the handling of chemical tests.
• Negotiate with the Prosecutor: While the facts of some cases may be favorable for the defendant, obtaining a “not guilty” verdict at trial is not always realistic. Your attorney may be able to negotiate a plea bargain or reduced charges, depending on the strength of the evidence and your prior record.
• Represent You in Court: If your case goes to trial, your attorney will present your defense, cross-examine witnesses, and argue for your acquittal.
• Protect Your Driving Privileges: A DUI conviction can result in license suspension or revocation. Your attorney can help you navigate the administrative process and potentially minimize the impact on your driving privileges.

Common DUI Defenses

Although all cases have unique circumstances, there are several common defense strategies that can be employed in DUI cases. These include:

• Challenging the Traffic Stop: If the police officer lacked reasonable suspicion to stop your vehicle, or probable cause to arrest you, any evidence obtained during the stop, including field sobriety tests and chemical tests, may be suppressed.
• Questioning Field Sobriety Tests: Field sobriety tests are extremely subjective and can be influenced by various factors, such as fatigue, nervousness, or medical conditions. An experienced attorney can challenge the accuracy and administration of these tests, and question any value they may offer.
• Contesting Chemical Tests: Breathalyzers and urine tests, while potentially strong evidence against you, may be challenged. Issues such as improper calibration, contamination, or human error can affect the results. A skilled attorney can investigate these issues and challenge the validity of the chemical test results.
• Lack of Impairment: In cases without chemical test results, such as refusals, your attorney can argue that there is insufficient evidence of impairment. Focusing on driving behavior, speech, ability to respond to commands, and performance on the field sobriety tests, and attorney may argue that the driver was not impaired and therefore not guilty of DUI.

Understanding Field Sobriety Tests and Their Accuracy

Field sobriety tests are a series of physical and mental tasks designed to assess a driver’s coordination and balance, which may be impaired by alcohol or drugs. The three Standard Field Sobriety Tests include:

• Horizontal Gaze Nystagmus (HGN): This test involves following a moving object with your eyes. Alcohol can cause involuntary jerking of the eyes, which may be detected during this test. While drivers often believe they “passed” the test by following instructions, they often have a misunderstanding about what the officer is actually looking for.
• Walk-and-Turn: This test requires walking heel-to-toe along a real or imaginary straight line and then turning around. Alcohol can impair balance and coordination, making this task difficult for those with a high BAC.
• One-Leg Stand: This test involves standing on one leg while counting. Excessive alcohol can affect balance and make it challenging to maintain this position.

While field sobriety tests are widely used, their accuracy is routinely questioned. Factors such as weather conditions, fatigue, nervousness, medical conditions, or even the officer’s subjective interpretation can influence the results. With the increasing prevalence of officer body worn cameras, DUI attorneys can get more accurate insight into SFST performance—a picture is truly worth a thousand words. It’s crucial to remember that you have the right to refuse field sobriety tests.

The Importance of Knowing Your Rights During a DUI Stop

If you’re pulled over on suspicion of DUI in DC, knowing your rights is essential.

• You have the right to remain silent. You are not required to answer any questions beyond providing your identification and vehicle registration.
• You have the right to an attorney. If you’re arrested, you have the right to speak with an attorney before answering any questions. However, officers do not have and generally will not, allow you to speak with an attorney prior to taking a chemical test.
• You have the right to refuse field sobriety tests. You are not legally obligated to perform field sobriety tests, although refusing them could be used against you in court.
• You have the right to refuse a breathalyzer test. However, in Washington, D.C., refusing a breathalyzer may result in a longer license revocation, regardless of whether you are ultimately convicted.

Choosing a DUI Attorney

Selecting the right Washington, DC DUI attorney is the first step towards a successful outcome of your Washington, D.C. DUI case. Consider the following factors:

• Experience: Look for an attorney with extensive experience handling DUI cases, particularly in your jurisdiction.
• Track Record: Inquire about the attorney’s success rate in defending DUI cases and obtaining favorable outcomes for clients.
• Communication: Choose an attorney who communicates effectively, keeps you informed about your case, and promptly responds to your questions and concerns.
• Trust: Most importantly, after researching and speaking to an attorney, ask yourself if you can trust them to be honest with you, put your interests first, and obtain the best possible result given the facts of your case.

Monument Legal Will Help With Your DC DUI

If you’re facing DUI charges, seeking legal representation immediately is crucial. The experienced Washington, DC criminal defense attorneys at Monument Legal can protect your rights, navigate the complexities of the legal system, and fight for the best possible outcome in your case.

Contact our DC criminal defense lawyers today to discuss the best defense for your DUI charge.