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DC DWI & DUI: Know the Law!

DWI, DUI & OWI Laws in the District of Columbia: Know the Law and Protect Yourself!

The experienced DWI, DUI and OWI attorneys at Ervin Kibria PLLC can provide skilled representation when you are faced with DUI, DWI or OWI charges, in addition to the great advice provided in this blog and the rest of their website. However, it is always wise to know the the details of the law, from which any charge or possible charge stems. Knowing the law yourself, can not only help you to take precautions to avoid finding yourself in a situation with the police, but it can also help you choose the right lawyer if you, unfortunately, are facing with DWI, DUI or OWI charges in the District of Columbia.

DWI, DUI, OWI & Other related offenses under the DC Code:

§ 50–2206.11. Driving under the influence of alcohol or a drug.

No person shall operate or be in physical control of any vehicle in the District:

(1) While the person is intoxicated; or

(2) While the person is under the influence of alcohol or any drug or any combination thereof.

§ 50–2206.13. Penalties for driving under the influence of alcohol or a drug.

(a) Except as provided in subsections (b) and (c) of this section, a person violating any provision of § 50‑2206.11 or § 50‑2206.12 shall upon conviction for the first offense be fined $1,000, or incarcerated for not more than 180 days, or both; provided, that:

(1) A 10-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine; or

(2) A 15-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or 0.32 grams per 100 milliliters of urine; or

(3) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and

(4) A 15-day mandatory-minimum term of incarceration shall be imposed if the person’s blood or urine contains a Schedule I chemical or controlled substance as listed in § 48‑902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.

(b) A person violating any provision of § 50‑2206.11 or § 50‑2206.12 when the person has a prior offense under § 50‑2206.11§ 50‑2206.12, or § 50‑2206.14 and is being sentenced on the current offense shall be fined not less than $2,500 and not more than $5,000, or incarcerated for not more than one year, or both; provided, that a 10-day mandatory-minimum term of incarceration shall be imposed, and in addition :

(1) A 15-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine; or

(2) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or more than 0.32 grams per 100 milliliters of urine; or

(3) A 25-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and

(4) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s blood or urine contains a Schedule I chemical or controlled substance as listed in § 48‑902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.

(c) A person violating any provision of § 50‑2206.11 or § 50‑2206.12 when the person has 2 or more prior offenses under § 50‑2206.11§ 50‑2206.12, or § 50‑2206.14 and is being sentenced on the current offense shall be fined not less than $2,500 and not more than $10,000, or incarcerated for not more than one year, or both; provided, that a 15-day mandatory-minimum term of incarceration shall be imposed, and in addition:

(1) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine; or

(2) A 25-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or 0.32 grams per 100 milliliters of urine; or

(3) A 30-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and

(4) A 25-day mandatory-minimum term of incarceration shall be imposed if the person’s blood or urine contains a Schedule I chemical or controlled substance as defined in § 48‑902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.

(d) An additional 30-day mandatory-minimum term of incarceration shall be imposed for each additional violation of any one or more provisions of § 50‑2206.11 or § 50‑2206.12 if the person has 3 prior offenses under § 50‑2206.11§ 50‑2206.12, or § 50‑2206.14 and is being sentenced on the current offense.

(e) The fines set forth in this section shall not be limited by § 22‑3571.01.

§ 50–2206.14. Operating a vehicle while impaired.

No person shall operate or be in physical control of any vehicle in the District while the person’s ability to operate or be in physical control of a vehicle is impaired by the consumption of alcohol or any drug or any combination thereof.

§ 50–2206.17. Additional penalty for driving under the influence of alcohol or a drug; commercial vehicle.

A person violating any provision of § 50‑2206.12 shall, in addition to any applicable penalty under section § 50‑2206.13, be subject to an additional 5 day mandatory-minimum term of incarceration.

§ 50–2206.18. Additional penalty for impaired driving with a minor in vehicle.

(a) A person convicted of any offense under this part who, at the time of operation or physical control of the vehicle had a minor, other than him or herself, in the vehicle, shall, in addition to any applicable penalty under this part:

(1) Be fined a minimum of $500 and not more than $1,000 per minor; and

(2) Be incarcerated for a mandatory-minimum term of incarceration of:

(A) 5 days per minor if the minor or minors are restrained in, or by, an age-appropriate child passenger-safety restraint; or

(B) 10 days per minor if the minor or minors are not restrained in, or by, an age-appropriate child passenger-safety restraint.

(b) The fines set forth in this section shall not be limited by § 22‑3571.01.

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Experienced Washington DC DUI Lawyer to Defend You

When you are facing a drunk driving charge or any motor vehicle traffic offense, you need fast, accurate answers about your situation and the best way to proceed. The DC DUI lawyers at Ervin Kibria understand your concerns and your sense of urgency in dealing with a difficult situation.

  • The consequences for DUI: Clients who reach out to us concerning a DUI arrest often share common questions. These concerns are best addressed by a lawyer experienced with DUI cases. While every case is different, clients often struggle with understanding what a DUI conviction would mean. Will there be a criminal record? Jail time? Loss of a driver’s license?  We’re here to listen to your concerns, answer your questions to the best of our ability, and guide through the difficult legal process.
  • An aggressive defense: The consequences of a DUI charge often depend on having an experienced lawyer to represent you. At Ervin Kibria, we have the necessary experience to aggressively investigate, defend and challenge the charges.
  • We work with you: We do not treat cases as if they were a car on an assembly line. We are not a DUI mill. We are personalized. We are accessible. We are hands on. We keep our practice small so we can be completely dedicated to giving our clients the very best representation. When you hire us you have direct access to us, not a law clerk, or a paralegal, or an associate attorney.

Whether you are dealing with a DUI charge or a serious traffic offense that can put points on your driver’s license, you can depend on the defense lawyers at Ervin Kibria.

If you are charged with a DUI, OWI or DWI in the District of Columbia, contact the experienced attorneys at Ervin Kibria PLLC today!

 

DC DWI & DUI: Know the Law! was last modified: June 8th, 2016 by Nabeel Kibria
Nabeel Kibria

Nabeel Kibria

Nabeel Kibria is a principal attorney of Ervin Kibria PLLC, representing clients in criminal and immigration matters throughout DC.

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