DC DUI Lawyer David Benowitz Attorney David Benowitz

DC DUI Standards

Drivers with virtually any amount of alcohol in their system are candidates for a drunk-driving citation. This is not an exaggeration, and you should not assume that because you drink and drive in a responsible manner that you are immune from the “drunk-driver” label and the consequences of a drunk-driving conviction.

If you drink and drive, there is a real possibility that you could be stopped, arrested, and charged criminally with drunk driving. Most people do not realize how few drinks it takes to exceed the legal standard for “intoxication” of .08 Blood Alcohol Content (BAC). Moreover, you can be charged and convicted of a DUI or OWI solely on a police officer’s claim that you were “impaired,” de spite your BAC being below the legal threshold for intoxication.

There are primarily four ways in which you can be charged with drinking and driving: “Driving While Intoxicated” (DWI) with a BAC of .08 and higher, “Driving Under the Influence” (DUI), or “Operating [a motor vehicle] While Impaired” (OWI).

When charged with a DC DWI, the BAC must be at least .08 or greater. A DC DUI can be charged when drivers have a BAC level lower than .08 and/or there is other evidence of “influence of an intoxicating liquor.” An OWI charge is the least serious, but still carries significant consequences. Circumstantial evidence, such as slurred speech, bloodshot eyes, watery eyes, unbalanced coordination, hazardous driving, and failed field sobriety tests can be used to prove that a driver was “impaired.” Washington DC law also allows for a “per se” DWI charge, which means that a blood alcohol content of .08 by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel.

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