Reader’s Question:

In a DWI case in Washington, DC, is it true that alcohol breath tester measures the concentration of alcohol in a DWI suspect’s blood stream?

Martin
Washington, DC

The breath test machines used in a DWI case in Washington, DC (or in any state for that matter) do not actually measure the blood alcohol content (BAC) of a person who is accused of DWI. The BAC could only be achieved through a blood test and the breath test machine only attempts to measure alcohol in the breath in order to estimate the concentration of alcohol in the blood. The breath test machines detect the chemical compounds that contain the methyl group in its molecular structure. There are thousands of these compounds such as celluloid, glue, cleaning fluids, paint remover, paint, acetone, asthma inhalers, gasoline, “new car smell,” etc.

The breath machine also assumes as constants certain ratios within the human body which actually vary widely from person to person and within the same person over time. An example is that the breath test machine assumes a 2,100-to-1 ratio in converting alcohol in the breath to estimates of alcohol in the blood. But this ratio varies from 1,900 to 2,400 among people and possibly within a person over time. The breath test machine also appears to discriminate against female DWI suspects. The machine assumes a body mass of an average male and don’t consider for individuals with higher body fat and it also assumes an average body temperature.

Tags: blood alcohol content, breath test, DWI, DWI lawyer

Reader’s Question:

I still don’t understand the different laws here in Washington, DC especially the drunk driving laws. How can someone be arrested for DWI and how do they determine the level of intoxication of a driver?

Rose
Washington, DC

In Washington, DC, DWI laws allow motorists to be arrested for drunk driving based on one of the two theories. The first one is that if the person is driving and appears to be drunk, he/she could be arrested based on his/her driving patterns, physical appearance and field sobriety tests, without the need for blood alcohol content (BAC) chemical testing. If there would be enough circumstantial evidence to prove that the person is guilty for drunk driving, he/she would be arrested for DWI.

A driver could also be arrested based on the BAC chemical tests alone. This is how police officers determine the level of intoxication of a driver suspected for DWI. Under the District of Columbia’s DWI per se laws, motorists with a BSC level of 0.08% or greater could get arrested and be found guilty of DWI. This doesn’t require that the person’s driving pattern to be used to prove his/her guilt for DWI.

Tags: blood alcohol test, drunk driving laws, DWI, DWI arrest, DWI lawyer

Reader’s Question:

We always go out on Saturdays and have some fun drinking the night out here in Washington, DC. It pays to be careful so not to be charged with DWI. Question is, can the pace of how the person drinks affect the blood alcohol content? And is it true that gender can also affect the blood alcohol in the body?

Chris

Washington, DC

Saturday night in Washington, DC is the best time of the week and it will never be complete without a night out and a drink. But there are certain things that you need to know about to get you out of trouble of being charged with DWI. To answer your question, yes, how fast a person drink could greatly affect the blood alcohol content (BAC) in a person’s body. The quicker the person drinks, the higher the peak BAC would be. The liver actually gets rid of the alcohol at the average rate of one drink per hour (five oz wine, 12 oz beer, one shot of distilled liquor). The remainder would circulate in the blood stream until the liver can get rid of it if a person drinks faster than this.

It could also affect the BAC in a person’s body if you are a male or a female. A woman reaches higher BAC’s faster because they have more adipose tissue (fat) and less water in their bodies, which is not easily penetrated by alcohol. This means that a man and a woman, with all other factors being equal, both drinking the same amount of alcohol, would have different BAC levels; a woman’s BAC would be higher. The menstrual cycle of a woman would also affect her rate of absorption and they experience their highest BAC’s pre-menstrually. In addition to this, there is also evidence that a woman who takes birth control pills would absorb alcohol faster, resulting in higher BAC levels.

Tags: blood alcohol test, DWI, DWI lawyer

Reader’s Question:

If I will be stopped because of a DWI suspicion in Washington, DC, what shall I do if I will be asked to take the field sobriety tests?

Franco

Washington, DC

I know that you could pass the field sobriety tests if you will be requested to perform them during a DWI investigation at Washington, DC. Taking into consideration all the circumstances surrounding the test, I would strongly suggest attempting them. The officer should let you go if you pass the tests. It becomes a very difficult decision if you have never attempted any of these tests before because you are probably nervous and scared about being stopped and asked to step out of your car. You wouldn’t know if you can pass these tests especially if the officer wouldn’t tell you what they are looking for.

If you are not sure of what to do, you can tell the officer that you would like to contact a lawyer before you decide whether or not to take field sobriety tests. The officer would most likely not give you the opportunity. So then you can ask if you are required to perform these field sobriety tests and the honest answer is no. If the officer has any other answer, it would leave a jury with the impression that the officer is deceptive. You may also ask if these tests are 100% accurate and again, the honest answer is no.

Tags: DWI, DWI lawyer, field sobriety tests

Reader’s Question:

My cousin has been charged with DWI in Washington, DC and a friend of mine got the same about a year ago. He was convicted of the charge and part of his sentence included installing an ignition interlock device. Relatively, does my cousin need to put an ignition interlock device in his car as a condition of bond?

Earnest

Washington, DC

For a first DWI offense in Washington, DC, conditions of bond are a matter of discretion for the Court. Most Judges would not put an ignition interlock device as a condition of your cousin’s bond if it is his first DWI. However, if he was charged with Manslaughter, Intoxicated Assault or a subsequent DWI (it does not matter how long ago his first DWI was), he will be required by law to install an ignition interlock device on his vehicle.

In this case, your cousin will not be allowed to drive any vehicle that is not equipped with an ignition interlock device. He would have to blow into the ignition interlock device before the vehicle could be started. If the ignition interlock device determines a certain level of alcohol on his breath, it would temporarily disable his vehicle. When driving, he has to continuously blow into the ignition interlock device about every 20 minutes. It would become extremely difficult to entertain a client, conduct real estate business, or drive the kids with their friends to school with this device in his car.

Tags: breath test, DUI, DUI lawyer

Reader’s Question:

I understand that in Washington, DC, there are three standardized field sobriety tests that police officers often ask a DUI suspect to do but I don’t know how they are being done. Could you give me one example and tell me how it is being carried out?

Dalton

Washington, DC

In Washington, DC, there are three standardized field sobriety tests which are the walk and turn test, horizontal gaze nystagmus test and the one-leg stand. All three of these are approved by the National Highway Traffic Safety Administration (NHTSA).

During the walk and turn test, the driver would be asked to walk nine heel-to-toe steps along a line then turn at the end and return. This is considered a simple test that anyone should be able to perform without difficulty, except, as they claim, for a person who is under the influence of drugs or alcohol. There are two purposes of the walk and turn, one is that the driver should be able to understand simple instructions and the other one is to physically manage the test. The officer takes note if the driver is following instructions as given, can keep his/her balance, stops to adjust balance or loses balance and uses the heel-to-toe method requested, uses the arms to try to keep balanced or does not take the required number of steps. NHTSA studies show that 65% of those who fail two or more of these criteria would be under the influence of drugs or have a blood alcohol content of .08% or greater.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

Is it true that unless I get an attorney for a DWI arrest right away, I can lose my license immediately? Also, how long will a DWI arrest last on my records if the arrest was made in Washington, D.C? Thanks!

Cooper

Washington, DC

It will be to your best interest to secure professional legal assistance immediately in the event that you are arrested for DWI. A qualified Washington, DC DWI Defense Attorney should be able to protect your driving privileges in these cases, at least for the moment. Remember, a skilled DWI defense attorney can make a world of a difference if you are facing a drunk driving charge in the District of Columbia, since these cases, if not handled carefully, can have devastating and long-term consequences on your record.

Washington, DC drunk driving cases will have a 15-year “look back” period within which the court can issue a license suspension ranging from six months on the first offense to up to one to two years on repeated offenses afterwards, and you can expect stricter punishments every time you get charged for DUI or DWI. In addition, it might be interesting to note that you can also be fined for drunk driving from $300 up to $10,000, not to mention the prospect of going to jail for about 25 days. District of Columbia can also order an ignition interlock program, where a breath test device installed in a car will prevent it from being started, unless the driver is alcohol free.

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

Reader’s Question:

I feel that there is no single shot that I can win my DUI case here in Washington, DC. Would it be okay if I just plead guilty on my case?

Cael

Washington, DC

This is one of the most common mistakes that a person charged with DUI commits and that is totally not okay. The truth is that, if you will be convicted for DUI in Washington, DC, it would carry significant penalties and ramifications which you will be felt for many years if you simply plead guilty on your DUI case. It would be very foolish of you to assume that there is no chance that your DUI case would be successful.

You would really have to think a million times before pleading guilty on your DUI case. Almost every Court Judge encourages DUI defendants to retain a DUI defense lawyer at the time of the arraignment. If there is nothing that could be accomplished by a DUI lawyer, a judge would not actually tell someone who has a criminal case to hire a lawyer. You have to know that there could be countless defenses in a DUI case and you would never have the advantage of utilizing those defenses unless you consult a knowledgeable and experienced DUI lawyer.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

I just got out of jail after a DUI arrest in Washington, DC because my father posted bail and I know I have a fighting chance of winning my case. But if I will be convicted for DUI, what are the penalties involved and how can I get my license reinstated?

Bernard

Washington, DC

The penalties for DUI in Washington, DC are quite severe because DUI can be so deadly. Remember that DUI is a criminal offense and not just a traffic ticket. It is being handled by the courts and the police rather than the Department of Motor Vehicles. The penalties for DUI would increase if you don’t learn your lesson the first time in order to keep you off the road.

In Washington, DC, the penalty for first DUI offense would include a fine of $300 and up to 90 days of jail time. If your blood alcohol content (BAC) is between 0.20% and 0.25%, the mandatory minimum sentence is five days behind bars. If your BAC is above 0.25%, the mandatory minimum sentence is 10 days in jail. Along with these mandatory minimum sentences, your driver’s license will be revoked for six months.

So that you can get your driver’s license reinstated after a suspension, you have to wait for the suspension period to expire and pay a reinstatement fee. But you could not get back a license that was revoked. If that happens, you have to apply for a brand new license after a hearing has been held to determine if you are eligible to be allowed back behind the wheel.

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

Reader’s Question:

When my son was arrested for DUI in Washington, DC, I feel like it was assumptive to say that he was really drunk driving just because according to the police report, it was so apparent that he had a slurred speech. Isn’t it that consuming alcohol is not the only thing that could cause a slurred speech?

Summer

Washington, DC

Yes, Summer, consuming alcohol is actually not the only thing that causes a person to have a slurred speech. It is rare but too interesting not to mention that a condition called Ataxic dysarthria, which is a neurological disorder, could also cause a person to sound drunk.

Another thing is that, the most common, and very likely to lead a police officer to make an unfair assumption on drunk driving because of having a slurred speech, is stress. Stress could have a host of different effects on speech such as stuttering, a higher pitch and slurring. And being pulled over, as we all know is always a stressful experience. Your son was probably extremely preoccupied with saying the right thing when he was asked to pull over because of DUI in Washington, DC. When he was talking to the police officer, he probably can’t seem to form a normal English sentence, much less speak eloquently because he was nervous. None of this is to say that it can never be possible to determine how drunk a person is from their speech, or to distinguish between a stressed-out person and a drunk person.

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