A conviction carries mandatory jail time, fines, license revocation, and a substance abuse treatment requirement. This article explains DUI sentencing as well as certain factors that can affect these penalties in the District of Columbia.
D.C. has three types of impaired driving: DUI (driving under the influence), DWI (driving while intoxicated), and OWI (operating while impaired):
An OWI is considered a less serious offense than a DUI or DWI.
In Washington, D.C., an impaired driving violation is considered a third offense if the driver has two priors (OWIs, DUIs, or DWIs) that occurred within the last 15 years.
Standard penalties. A third-offense DUI and third-offense DWI carry the same penalties. A conviction will result in $2,500 to $10,000 in fines and 15 days to one year in jail. The offender will also be required to complete a substance abuse treatment program. The required jail time increases if the driver had a high BAC or illicit drugs in his or her system.
|
Test Result |
Mandatory Jail Time |
|
.20% or more BAC |
20 days |
|
.25% or more BAC |
25 days |
|
.30% or more BAC |
30 days |
|
Illicit drugs (such as heroin and cocaine) |
25 days |
Minor passengers. An impaired driver who has a passenger under the age of 18 years old will face increased penalties. For each minor passenger, the driver will be fined $500 to $1,000 and must serve five days in jail. If the child was not properly restrained in an age-appropriate child passenger safety seat, the offender will serve ten days in jail for each unrestrained minor.
While an OWI is a lesser offense than a DUI, a third-offense OWI still carries ten days to one year in jail, $1,000 to $5,000 in fines, and a treatment program. An OWI involving minor passengers will also carry the same additional fines and mandatory jail time as stated above.
In addition to the other penalties, third offenders will have their vehicle impounded for 24 hours and have their license revoked for two years. If the two prior offenses occurred within the last five years, the license revocation is at least five years. The offender is required to install and maintain an ignition interlock device (IID) during the revocation period.
Under Washington, D.C.'s implied consent laws, a driver who unlawfully refuses a chemical test will lose his or her license for one year. Refusing a chemical test also creates a rebuttable presumption that the driver was impaired—which can come into play at a DUI trial.
The consequences of a conviction for driving under the influence are serious, especially if it's your third violation. If you've been arrested for drunk driving, you should get in contact with an experienced DUI lawyer. A qualified DUI attorney can advise you on your options and help you decide on how best to handle your situation.