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

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

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

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

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

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

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

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

I blew a .06 BAC which means I passed the breath test during a DUI stop here in Washington, DC but the police officer still arrested me. How is that possible if I was still under the legal limit?

Zaira

Washington, DC

In Washington, DC, a police officer could still arrest and charge you if you blew a blood alcohol content (BAC) that is under the legal limit. It is the police officer’s discretion to do so and they could still argue that you were too impaired to drive.

I understand that this is highly annoying to you and to anyone who experiences the same thing but this is good news for your court case. For one thing, your driver’s license is not suspended since you neither refused nor failed the breath test. Many judges would dismiss or do a quick bench trial and find you not guilty. But some judges would be tough and make you jump through hoops to fight your DUI case and it would still be possible to be found guilty, so it depends. But getting a BAC below the legal limit are usually the DUI cases that are excellent cases to fight. This might be so frustrating that you would have to go through this, but all I can say is that a .06 BAC is so much better than a .08 BAC.

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

This is a very difficult time for me because I have just been charged with DUI here in Washington, DC. I was urged that I should hire a lawyer. How could a DUI lawyer really help me win my case?

Malcolm

Washington, DC

I understand your situation because getting caught up in a DUI case in Washington, DC can be an excruciating experience. Your personal freedom, driving privileges, future employment opportunities and auto insurance payments are at stake. DUI case is actually treated equal as any other major criminal offense. Nonetheless, you have more ways to get back to normal life and yourself against DUI charges. Hiring a DUI lawyer is the best possible way to get a remedy for your DUI case.

A DUI lawyer is always in lookout on how to help win their client’s case. He/she would review your case thoroughly and find out if the police officer had a valid reason to stop your vehicle. He would also investigate if the field sobriety tests (FST’s) and preliminary alcohol screening are carried out properly. The DUI lawyer could also tell if the police records for FST’s and chemical test are unbiased. In other words, a DUI lawyer could bring out many defensive points as possible to help you win your DUI case and you need not worry too much while having the efficient DUI defense lawyer on your side.

Tags: DUI, DUI advice, DUI lawyer