A DUI/DWI arrest in DC triggers both criminal and administrative proceedings. Understanding the process helps you protect your rights and driving privileges.
Key Takeaways
- DC has strict DUI laws and penalties
- You may face license suspension separately from criminal case
- Refusal to test has its own consequences
- Early legal representation is crucial
The Process
- Arrest and booking
- DMV hearing request (10 days)
- Arraignment in DC Superior Court
- Pretrial proceedings
- Trial or plea
The Breathalyzer Trap: To Blow or Not to Blow?
In DC, under "Implied Consent" laws, driving is a privilege, not a right. By driving on DC roads, you have arguably consented to chemical testing if arrested for DUI. If you refuse the breathalyzer at the station, your license can be revoked for 12 months, and the refusal can be used against you in court as "evidence of consciousness of guilt."
However, the handheld PBT (Preliminary Breath Test) on the side of the road is different. That number is generally not admissible in trial to prove intoxication levels, only to establish probable cause for arrest. Knowing the difference between the roadside test and the station test is critical.
Field Sobriety Tests Are Voluntary
The "Walk and Turn," "One Leg Stand," and "HGN" eye tests are famously difficult to pass even when sober. Nervousness, bad knees, or uneven pavement can cause a "fail." In DC, you generally have the right to politely decline these roadside gymnastics. Officers use them to build probable cause to arrest you. If you decline, you may still be arrested, but you haven't given them a video of you stumbling to play for the jury.
Collateral Consequences for Immigrants
For non-citizens, a DUI is a nightmare. While a simple DUI is usually not a "Crime of Moral Turpitude" (CIMT) or "Aggravated Felony," it is a discretionary negative factor.
1. DACA: A DUI is an automatic bar to DACA renewal.
2. Visa Revocation: The Dept of State habitually invokes "Prudential Revocation" of tourist/student visas after a DUI arrest (not even conviction). You might get a letter saying your visa is canceled.
We specialize in "Safe Plea" bargaining—negotiating down to "Reckless Driving" or "Operating While Impaired" (OWI) specifically to save immigration status.
Your Freedom is On the Line—Don't Wait
Criminal charges move fast. The decisions you make in the first 24 hours—like speaking to police or consenting to a search—can decide your future. We are available for urgent legal representation.
We offer a free, confidential consultation to discuss defense strategies.
Speak to a Defense AttorneyWill I go to jail for a first offense?
For a first-time DUI without clear aggravating factors (like an accident or injury), jail time is rare. Diversion programs are often available. However, a conviction stays on your record forever.
Can I drive to work?
If your license is suspended, you may be eligible for a restricted license (with an ignition interlock device) to drive to work or school. This requires a DMV hearing request within days of your arrest.
Disclaimer: This article is for general information only and is not legal advice.