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.

Reader’s Question:

This is the first time that I was charged with DUI in Washington, DC. I know some people who have been charged as well and it would seem alarming that none of them have actually won their DUI cases. Is it true that I can’t win my case as well?

Martin

Washington, DC

That is perhaps the most prevalent myth about DUI cases. Not only do the general public believe this but so does many attorneys. In fact, most experienced DUI lawyers in Washington, DC “win” most of their cases of first offenders when there is no evidence of a wreck or other manifest bad driving. “Win” may mean having the charge reduced to another offense or obtaining a plea bargain which avoids a conviction. These kinds of cases actually cannot be considered a “win” at all.

Many people know someone who has been charged with DUI and pleaded guilty. Because most people believe that these DUI cases are difficult or can even be impossible to win, an average DUI suspect would not challenge the trusted attorney’s “sage advice.”

Lawyers who enter pleas of guilty for their clients will never win their cases. Granted that the DUI suspect may have told the lawyer that he or she could not afford to contest the DUI charges, but a good DUI defense lawyer should fully inform their clients of the penalties that will follow a conviction. You should know these things so that you choose to seek a trial to challenge the DUI case against you.

We can compare receiving a DUI conviction with receiving a diagnosis of cancer. Getting rid of the problem may be difficult and expensive and will involve some risks, but the alternative can even be much worse. Getting a DUI lawyer who is an expert on this legal matter can help you actually win your case. This kind of defense lawyer knows the in’s and out’s of a DUI case and have actually gone to court for trial on DUI cases.