Reader’s Question:

My daughter was arrested for DUI in Washington, DC but she didn’t drink any alcohol. She admitted that she smoked a little pot. Why was she charged with DUI? Also, she said that she didn’t give the officer permission to search her vehicle but he still did. Were her rights violated and was it an illegal search of her property?

Akira

Washington, DC

Your daughter’s rights were not necessarily violated if the police officer still searched her vehicle even though she didn’t give him permission to do so. If the police officer can prove substantial reason to suspect that your daughter’s vehicle contained an illegal substance or evidence of a crime, then the officer is considered to have probable cause to search the entire passenger cabin, and in some cases, any containers or packages present in the front section of the vehicle. The law imposes a lesser expectation of privacy when an arrest involving a vehicle is made. But remember that a good DUI lawyer would explore proper probable cause when trying or plea bargaining your daughter’s case.

In Washington, DC, DUI is defined as driving under the influence of alcohol or drugs. Your daughter was arrested for DUI because she was suspected of being high or stoned and believed to be chemically impaired while operating a motor vehicle.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer

Reader’s Question:

I haven’t actually been arrested for DUI in Washington, DC but I know some people who have been caught drunk driving and they all failed the field sobriety tests that the police officers asked them to do. Can we beat these kinds of tests?

Garth

Washington, DC

In Washington DC, the field sobriety tests also known as “roadside gymnastics” do not really measure whether or not a person is driving under the influence of alcohol. In addition to some exercises which have absolutely no relation to a person’s ability to drive a car, like counting backwards, saying the alphabet or doing a finger dexterity test, police officers will give a 9 Step Walk and Turn test and a One Leg Stand test. Officers rely on these balance tests in making their decision on whether or not to arrest a person. These exercises are designed to make people off balance and designed for failure. So, it is not surprising when some people have difficulties with them. No one is required to be able to stand on one leg for 30 seconds without swaying to get a driver’s license.

We can challenge these balance tests as a DUI defense if they were not given or scored according to National Highway Transportation Safety Administration (NHTSA) which is the agency that developed the FST’s. NHTSA says clearly in its manual that the FST’s are only valid if given and scored strictly according as prescribed by NHTSA and usually, they aren’t. Therefore, using the NHTSA Manual, a lawyer can show that the tests are invalid as given by the police officer.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

A friend of mine was arrested for DUI yesterday in Washington, DC. His vehicle was impounded and he was told that he has to claim it within 72 hours. What happens if he fails to do so and is a vehicle impoundment also part of the penalties if he will be convicted.

Gail

Washington, DC

Since your friend’s vehicle was impounded because of his DUI arrest in Washington, DC, he will be subject to an impoundment charge of $50 which shall be paid prior to the release of the vehicle. If he fails to claim it within 72 hours, the vehicle shall be processed and handled as an abandoned vehicle, and shall be subject to any other charges and costs, including storage fees and relocation costs, as are otherwise provided and assessed by the Mayor.

He could lose his vehicle if the the judge rules to have his vehicle impounded if he will be convicted for DUI. Once he’s able to claim his vehicle, he must pay storage fees, an administrative fee plus any towing fees. It can cost him in excess of $1,000 to have his vehicle impounded. Research has actually shown that many vehicles are left abandoned because it would cost more to regain ownership of the vehicle than the vehicle is even worth. The locality must then pay the storage fees and towing bills when the vehicle is left behind.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

My cousin was convicted for DUI here in Washington, DC and he needs to file SR22 car insurance. Is it true that we really can’t find a cheap SR22 insurance?

Dominic

Washington, DC

Finding a cheap SR22 car insurance in Washington, DC may be really hard for your cousin because of his DUI conviction. The mere fact that he has a DUI conviction makes him a ‘high risk’ in the car insurance industry. In general, SR22 insurance will be much more expensive than the more traditional auto insurance for lower risk applicants. The correct term that we can use would be lower cost SR22 insurance.

There are certainly some SR22 car insurance that are more expensive than others. It comes down to the insurance companies that try to take advantage of DUI offenders because they realize that people with DUI conviction are in a difficult situation. That is the reason why they work on their ’sales pitch’ and increase their prices, because they know people with DUI conviction are in a tough situation and would most likely pay it. You have to make sure that your cousin would get as many free quotes as he can from different insurance companies. This can help him choose the right SR22 car insurance.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

My son has just been recently arrested for DUI here in Washington, DC. We were advised that we will need the services of an attorney. How can a DUI attorney help my son in defending his case?

Kelly

Washington, DC

That is the first thing that you should do, Kelly, hire the services of an experienced DUI attorney who would able to save your son’s driver’s license and his freedom. Most of the DUI attorneys offer free consultation.

Hiring the services of a competent Washington, DC DUI attorney ensures that your son is treated fairly and his rights are protected. A good DUI attorney knows how to get results. But before you hire the services of a DUI attorney, just check out for if they have the required experience. Getting arrested for DUI is a stressful experience because the entire process of being arrested, jailed, fingerprinted and photographed is highly stressful. The DUI attorney should be able to deeply empathize with your son’s situation and be armed with the talent to rescue him from his current situation. For this, the DUI attorney needs to be specialized in fighting DUI cases. A DUI attorney should also be able to save your son from the sometimes serious outcomes of DUI cases. If something goes wrong, your son could lose his license, his insurance could go down the drain and he may end up in jail for a long time. That’s why it makes sense to hire the services of a reputed DUI attorney.

Tags: DUI, DUI lawyer

Reader’s Question:

I have a DUI conviction here in Washington, DC. How can I go about getting the best auto insurance rate possible when I have been convicted for DUI?

Brett

Washington, DC

Even though you have just been given the worst label in auto insurance as a high risk driver, you still have options when it comes to your SR22 auto insurance. What you have to remember is that there are many insurance companies that specialize in these types of auto insurance policies; and more specifically DUI auto insurance policies. They realize that there is a big market need for those who happen to have a conviction for DUI or DWI and they design their business around it.

When you are shopping for SR22 auto insurance, the best way to get the cheapest policy is to get rate quotes from as many different sources as possible. The SR22 quotes are free and these insurance companies offer no obligation to use by getting a quote from them. So, the way to get the best SR22 auto insurance deal is to seek out quotes from as many providers as possible and then, you can simply select the best deal.

Even if you get rejected or cancelled from any of the big auto insurance companies, just keep in mind that there are still plenty of options for your SR22 auto insurance.

Tags: drunk driving insurance, DUI, DUI lawyer, insurance, SR22 insurance

Reader’s Question:

My brother was charged with DUI here in Washington DC. He is very much worried about the money he would have to spend if he hires a lawyer. Does he really need to have a DUI lawyer?

Jake

Washington, DC

In Washington, DC, since your brother was caught driving under the influence, he cannot do without Washington DC DUI lawyer. He has to keep in mind that a DUI case is a criminal case and he could pay very high fines and go to jail without proper legal representation. There are about 1.5 million motorists who are charged with DUI annually, and sad to say that most of these cases result in serious consequences for the accused because of improper legal representation. So do not let this happen to your brother.

As an expert in DUI laws and procedures, a Washington, DC DUI lawyer could guide your brother through a Department of Motor Vehicles (DMV) proceeding and through the court if need be. The DUI lawyer can help lower your brother’s fine and acquit him of criminal charges that can put him behind bars. Also, the DUI lawyer can reduce his penalties to minor punishments such as classes for alcohol education, community service or installing an ignition interlock device in your car.

Tags: DUI, DUI lawyer

Reader’s Question:

I have been unemployed or let’s say self-employed over the last year because of my DUI conviction here in Washington, DC. I’m hesitant to apply for a job. Do I have to disclose my DUI conviction on my job application?

Ross

Washington, DC

If you have been convicted of a DUI or drunk driving offense in Washington, DC, there are many things to consider before actually disclosing your DUI on a job application. First, if you are eligible to clear the DUI record, it will make more sense to explore those avenues before you apply for a job that you really want.

Nine out of 10 most every employer would do a pre-employment background check on you and would uncover the DUI offense which most likely will cause them not to hire you. Most pre-employment background checks are being conducted by 3rd party HR companies that are contracted by your potential employer specifically to do background checks. A lot of the big companies are using the same outsourced HR Company to do their checks, so if you get flagged within their system, that could in effect ruin your chances of ever getting hired from any company who are using them to perform pre-employment background checks.

This would be definitely something that you want to think about and clear up before you apply and agree to a background check. But, there’s a good chance that they will never find out about your DUI record you take the steps to clear or expunge the DUI record prior to applying for the job.

Reader’s Question:

My sister was charged with DUI here in Washington DC for the first time. She’s been busy with a lot of things including her trial proceedings on her DUI case. She once asked me to take care of her insurance and help her in filing her SR22 auto insurance. What is an SR22 and it is necessary for her to get that?

Judy

Washington DC

Getting car insurance after being charged with DUI in Washington DC can prove to be a very challenging task. I need to be honest that most major auto insurance companies will not give your sister coverage and those that will cover her will charge an arm and leg for premiums. This doesn’t seem fair since this is her first DUI offense. If her insurer finds out about her DUI charge, they could raise her rates or even cancel her insurance.

Regarding SR22, this is a document or Department of Motor Vehicles (DMV) form that shows proof of financial responsibility. This is required for those who have been arrested or convicted for DUI and wants to get a restricted license. It would also let the DMV know the car insurance company has issued at least minimum liability coverage for your sister.

I strongly suggest that you help your sister get several quotes from insurance companies before making a decision on purchasing car insurance. Maybe her DUI lawyer can recommend insurance that can help her with her SR-22 filing and offer her a decent rate.

Reader’s Question:

No more than a week ago, I was stopped by a patrol officer here in Washington, DC because of a DUI suspicion. Unluckily for me, the chemical test administered to me showed that my blood alcohol level is above the legal limit. I was charged with my first DUI and the officer took my driver’s license. Does that mean that my license was suspended automatically?

Natalie

Washington, DC

One of the most common punishments for DUI conviction is driver’s license restriction. Statutory chapters that set guidelines for the granting of driver’s licenses generally also provide the circumstances under which these licenses can be revoked. License revocations have primarily become a simple state administrative agency matter, occurring automatically upon conviction of a DUI offense with such statutes in place.

In Washington, DC, since you failed the blood alcohol test, your driver’s license is suspended automatically that’s why the officer took it from you.

Your due process rights have been determined by the courts not to apply since the Department of Motor Vehicles is considered a civil arena. You may have been given a 30-day temporary license which will allow you to drive while awaiting a hearing date. The DMV may assign a hearing date after 30 days which they commonly do because they are overbooked. In this case, you will receive a written extension so you can continue to drive until the hearing, even after your 30-day temporary license has expired.

Your license will be automatically suspended if you do not request a hearing with the DMV within 10 days of your arrest. Normally, if you fail to request a hearing in time or lose the hearing, the DMV will suspend your driving privilege for four months. Since you are a first time offender, you may be eligible for a five-month restricted license after 30 days of your suspension.