Reader’s Question:

I heard that my brother needs to get an SR22 auto insurance because of his DWI charge in Washington, DC. What does SR22 mean and how can he get it?

Jalissa

Washington, DC

The SR22 auto insurance is a form that is issued by an insurance company which removes a suspension order placed by the Department of Motor Vehicles (DMV) on your brother’s driving privileges because of his DWI charge in Washington, DC. The SR22 auto insurance would provide a guarantee to the DMV that an insurance company has issued at least minimum liability coverage for your brother. This will also guarantee that the auto insurance company will notify the DMV if the insurance ever lapses for any reason.

To get an SR22 auto insurance, your brother can first ask his current insurance company if they offer it. If they do, he can file it with them but if not, he needs to get it from another insurer. In this case, his current insurance company may cancel his policy or non-renew it. He can get quotes from different companies so he’ll know the rates but I believe he can still get the best deal if he gets an online rate quote for his SR22 auto insurance from this website.

Tags: auto insurance, car insurance quotes, DWI, SR22 insurance

Reader’s Question:

Is there an insurance provider in Washington DC that I can check online that does not consider serious tickets such as DUI/DWI in order to provide auto insurance premiums?

Alfred

Washington DC

Some automobile insurance carriers in Washington DC will not quote you higher car insurance rates, or increase your car insurance rates if you already have a car insurance policy in effect, for certain moving violations generally all car insurance carriers take into consideration is an individual’s driving history as a rating factor.

The driving record and motor vehicle record (MVR) is used to determine what type of risk as a driver you are and so the risk that they are placing the auto insurance provider under to insure them and the car they operate. Traffic offense such as DUI and DWI on a driver’s MVR shows that the individual may drive poorly or recklessly.

There are some insurance carriers that will not increase your auto insurance rates if it is your first minor violation but your safe driver discount will probably be taken off which will cause your automobile insurance premiums to rise. You may verify online and obtain a car insurance quote from these insurance carriers to obtain the specific information you need regarding auto insurance rates.

Tags: auto insurance online, car insurance quotes, DUI

Reader’s Question:

I was told that I can enter into a pretrial diversion program for my DWI case here in Washington, DC since this is my first offense. What is this pretrial diversion program, what can it do for me and what if it’s already my second offense?

Landon

Washington, DC

The District of Columbia actually has a great deal for many first time DWI offenders. Let’s define first what pretrial diversion program is and let’s see what it can do for you. A pretrial diversion program is a tool utilized by the United States Attorney in deferring prosecution of persons who appear to have been involved in prosecutable offenses, in your case, a DWI in Washington, DC. The pretrial services office usually receives referrals, then collects and verifies information and prepares a report under an agreement with the US attorney for the District. The Chief Pretrial Services Officer is authorized to enter into a pretrial diversion agreement with the US attorney for the District.

So, in exchange for drunk driving classes, the prosecutor can agree to dismiss your charges. Furthermore, the DMV would usually not revoke licenses of those who complete this program. The pretrial diversion program would not be available for offenders with prior DWI convictions, those who refused breath or blood testing, those whose blood alcohol content was at over 0.12 percent and those who were in an accident.

Tags: DMV, driver’s license, drunk driving laws, DWI, DWI lawyer

Reader’s Question:

After some of the pre-trial motions that my lawyer filed were denied for my DWI case here in Washington, DC, we are now proceeding to trial. Will I have a right to a jury trial for my DWI charge?

Regina

Washington, DC

Unless your DWI charge in Washington, DC is a felony case, you won’t have the right to a jury trial. During the trial phase of your DWI case, the judge will hear the evidence, make findings and of fact and law, rule on your guilt or innocence and impose sentence. It would be very important to keep in mind the old adage: “innocent until proven guilty.” The prosecution has the burden to prove guilt beyond reasonable doubt and you don’t need to prove or say anything. At the DWI court trial, the prosecution calls and questions their witnesses and you will be entitled to cross examine them.

Following the DWI case, your DWI lawyer could ask the trial judge to enter a judgment of acquittal, arguing that all reasonable inferences lead to a finding of not guilty. If this motion will be denied, your DWI case then proceeds. Defense witnesses will be called and cross examined by the prosecution. You could testify but you have not obligation to do so. The court could not draw any inferences from your election not to testify. The prosecution will be entitled to put on rebuttal witnesses, concluding the trial.

Tags: DWI, DWI lawyer, DWI trial

Reader’s Question:

I got a DWI charge here in Washington, DC and I’m getting a bit frustrated that I wanna give up. My case hasn’t gone to trial yet and I feel that I would just have to plead guilty. Could you please give me reasons to fight my DWI case and not just plead guilty?

Elizabeth

Washington, DC

If you go to court and plead guilty of your DWI case in Washington, DC, there would be a 100% chance that you would be convicted of DWI. If you just plead guilty, you will be guaranteed to suffer all of the consequences the courts would impose. But fighting your case would mean that a lawyer would do everything possible to positively affect the outcome of your DWI case. To fight your DWI case means that the prosecutor could not be able to get all the evidence or witnesses he needs to convict you of DWI; to fight your DWI case means that you have a chance.

There are actually significant legal reasons not to plead guilty and fight your DWI case. Your DWI lawyer could investigate the DWI stop because the police officer probably did not have a valid legal reason for stopping you in the first place and that way, any gathered evidence should be suppressed. Another reason to fight your DWI case is that the breath test machine may be out of calibration and the high blood alcohol content (BAC) reading was not the actual BAC reading at the time of your driving.

Tags: blood alcohol content, DUI arrest, DWI, DWI lawyer

Reader’s Question:

My sister is having a hard time dealing her DWI case here in Washington, DC because she worries too much about the cost. If she will be convicted, how much would it cost her?

Earnest

Washington, DC

If your sister will be convicted for her DWI case in Washington, DC, the very simple answer to your query is that it would cost her a whole lot. But it actually varies greatly so the answer would not be the same for everyone. In any case, it would not be a pretty picture especially if it is a repeat offense.

Assuming that your sister’s case is a first DWI offense, upon arrest, her vehicle was probably towed and stored, and for this, the fee ranges from $45 to $100. If her driver’s license is suspended after the administrative license revocation hearing, or if a hearing is not requested, there would be a required reinstatement fee of $125. The fines would usually be $0-$2000; normal fine would be $500. The insurance rate would undoubtedly increase substantially and options would be limited. Your sister’s insurance company could require the purchase of six months in advance. The SR22 auto insurance that is required would cost $100 more and lapse could cause the driver’s license to be suspended.

Tags: drunk driving insurance, DWI, DWI cost, DWI lawyer, SR22 insurance

Reader’s Question:

I have been charged with DUI in Washington, DC and I decided to hire a lawyer to help me in my case. What do I have to ensure before I go ahead and hire one to represent me in court?

Beth

Washington, DC

There are a lot of attorneys and lawyers in Washington, DC, but there are only few that are well experienced in handling DUI cases. First of all, before hiring the services of a lawyer, you have to ensure that you choose a good and experienced DUI lawyer for your defense. This kind of lawyer knows every aspect of the DUI defense to be able get an acquittal or at best, a reduced sentence. The DUI lawyer needs to be well informed of the different tactics that can be used to make your DUI case to have a good outcome.

Good and honest communication would also be necessary between you and your DUI lawyer. The reason for that is to make sure the DUI lawyer would have a comprehensive knowledge of the events that have occurred. The DUI lawyer should also have to go over each item that could be used in your DUI defense. During your DUI arrest, you might have automatically felt guilty even if you only had just one drink. You may have been dealt with unfairly and this is what a good DUI lawyer would pick up on.

Tags: DUI, DUI defense, DUI lawyer

Reader’s Question:

I was charged with DWI here in Washington, DC and I feel like I was mistakenly arrested. What are the possible ways that I can prove that I had a relatively good performance in the field sobriety tests and how can I challenge the use of non-standardized field sobriety tests?

Justine

Washington, DC

First of all, if the police officer used non-standardized field sobriety tests (FST’s) on your DWI arrest in Washington, DC, that can easily be challenged because there are only three tests that are certified by the National Highway and Traffic Safety Administration (NHSTA) as reliable indicators of the level of impairment. There would be very little, if there is any valid scientific support for using tests other than the three tests blessed by NHSTA.

Almost all people arrested for DWI would say that they passed the field sobriety tests with flying colors, but this is not always the case. There are little things such as estimating 30 seconds to be 28 seconds or raising your arms for balance more the 6 inches could be interpreted by the police officer in his report as a reason why the officer believes that his decision to arrest you was correct. Emphasizing what was done correctly, most especially if there are several positive aspects to performance on the field sobriety tests could be used at trail to show that you were not impaired to the extent that you were unsafe to drive a motor vehicle using the ordinary care and prudence of a sober person under like circumstances.

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

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