By author on July 8th, 2008
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.
By author on July 8th, 2008
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.
By author on June 29th, 2008
Reader’s Question:
How must I select a lawyer? What must I anticipate to pay for a first-class Washington DC attorney?
Marina
Washington, DC
Selecting a lawyer in Washington DC entails your own choice. For your most excellent argument you ought to find a person with particular information and skill in DWI defense. I suggest that you personally meet with any legal representative you talk to for employment. During the actual meeting, it can give you a great deal of viewpoint on the type of expert that you are dealing with. After some time, you must hire somebody you think is accusing you a just price and approving to do a definite quantity of work for you.
Regarding your second question, that will depend on a lot of things. Most importantly it depends on the credentials preferred in your DWI defense attorney. Your payment should also depend on the particulars of your case and the work concerned by the attorney or firm defending you. Inexpensive lawyers do not work hard; they work quickly and do a lot of cases. Costly lawyers have time to work harder. It is vital that you comprehend precisely what services an attorney is contributing to carry out for the fee being quoted. If you do not inquire what will be done, the attorney may not tell you. It is my view that you are at liberty to know precisely what the firm will do for you and accurately what your charges will be.
By author on June 26th, 2008
Reader’s Question:
My father was charged with DUI in Washington DC when he was driving home one night from a celebration for his colleague’s promotion. He was advised by my grandfather to seek legal help. But he is worried about the fees he may incur. Can he represent himself in court or does he need to secure a lawyer?
James
Washington, DC
You need to know that your father may face heavy consequences because of his DUI charge in Washington DC. He may pay thousands of dollars in fines and he could also end up in jail, even if this is his first drunk driving charge. You will come to a point wherein he would think whether or not to hire a lawyer. Honestly, lawyers are not cheap so you need to make sure that you really need professional help before hiring one.
Lawyers would help your father understand the legal situation he is facing. A lawyer will provide your father with information that could keep him out of jail.
There are several factors to consider whether or not your father needs to hire a lawyer. If he has several DUI convictions, injured someone as a result of your drunk driving, or need to keep his license for his job, I suggest he hires a lawyer. If he is not facing these types of circumstances, he may choose to go without a lawyer.
By author on June 24th, 2008
Reader’s Question:
I was wondering how accurate are the blood alcohol testing procedures for a DWI in Washington DC?
Grey
Washington, DC
The Washington DC police officers offer suspects of DWI to have their alcohol level tested either by urine, blood alcohol or breath test. Urine testing is the least reliable and is not often performed by the law enforcements.
Blood alcohol testing is thought of by the majority to be the most reliable and accurate method of knowing a person’s blood alcohol concentration. But this is the least desirable and the most inconvenient method for the police. The arrested person can allow his or her blood alcohol test done by his or her own available expert to test their blood sample for accuracy.
Breath testing is the easiest method for the police to use in the streets of Washington DC. However, the reliability and accuracy of breath testing is still being debated by the scientist. Moreover, breath samples cannot be preserved for additional tests to check the first test’s reliability and accuracy. Hence, it is impossible to use extra testing to show that the breath test was wrong which could result in an innocent person being unfairly charged. The District of Columbia can save from each breath samples, but the police is very adamant to use this method.
In other words the law enforcement would like to use the least expensive, easiest, and debated chemical test available.
By author on May 23rd, 2008
Reader Question
I was wondering since Washington is the state where the White House is, does it mean the police are stricter on Auto Insurance and is there any way that they can check whether I am bringing a valid Auto Insurance?
John, Bellevue
Hey there John,
Like any other state, in Washington, you must bring with you, your proof of insurance when driving. However, motorcycles are exempt. Even if the President of the US resides in Washington, it does not mean that technology is more advanced compared to other states when checking on the validity of the auto insurance. There is only one way for an officer to verify whether your auto insurance is valid or not, it is through contacting the listed company on the proof of insurance that you presented when asked and then, the policy status will be checked.
Insurance can become a secondary violation, when stopped due to collision or a primary violation. A piece of advice, always bring valid auto insurance whenever you are driving. You may not know, one day an officer will ask for it and you can’t present any. It is better to be prepared than be sorry later.
By fashun on February 25th, 2008
The fee agreement is something you will be given by your Washington DC DWI attorney at your first consulting with them, and it deserves some further explanation. Following, I will give you the details about this important document, which you should be given in printed form. Remember that every agreement you come to should be given in writing as well, or you can’t rely on it.
The agreement will explain what your Washington DC DWI attorney can do for you, and what the cost will be for that. It will include many pieces of information, from a list of duties, to the total price, and the smaller charges which make it up, as well as a part on what you are responsible for on your end of the case. Don’t forget to ask questions about details.
- How much will it cost for me to hire you, and how will you charge that cost?
- Are there different payment plans? Can you describe them? Which do you suggest?
- Do I need to put down a down payment?
- Will these charges change?
- Can I save money on this?
By fashun on February 22nd, 2008
The hiring of a Washington DC DUI attorney will always be expensive, which is why for some people who have tight budgets it could be a better idea to simply take another route and request a publicly appointed lawyer. This isn’t such a bad thing as you may think, because all though the media and rumours may say that lawyers that work for the government aren’t very good ones, many of these legal workers have years and years of experience in law and have also been on the other side of the door in court.
One problem that you may face is that a lawyer that works for the government may not have solely expertise in DUI law, but usually there is a way that you can try to get someone who does, and many publiuc lawyers deal with these cases a lot. It’s also true that most public lawyers have experience being a private Washington DC DUI attorny, as well as public.
How do you know if you’re able to get a public lawyer? Well, you are entitled to be represented in a court of law, and may even request a jury if you so please. If you have a felony charge or in cerrtain circumstances a misdemeanor charge, you may be able to get one.
By fashun on February 22nd, 2008
Take out your pen and start sketching a plan for how your consultation with your prospective Washington DC DUI lawyer will go. You will need to ask the right questions and make sure that you direct the meeting so that you get the most honest, and detailed, responses to your inquries. When you go to the consultation you need to take charge, and not just make it about being a bragging or teaching session for the lawyer as they may try to make it be. Ask some of the following questions, as well as a few more of your own:
- What do you have to do with my case? Consult only with the person who will be handling your representation.
- What will you charge me? Will the price of representing me change according to events? What events can effect that change? Assuming the worst, what is the highest price I can expect? The lowest?
- What have you been doing with your cases–DUI mostly, or just a few, or none at all? How long have you been practicing law? Do you have any experience working as prosecution rather than defense? Do you often succeed on your DUI cases? Have you handled one like mine before? How did it go?
By fashun on February 21st, 2008
You don’t just listen while your lawyer tells you the cost of Washington DC DUI attorney representation; instead, you get a fee agreement and then take it and compare it with other lawyers to see which one is the best (considering other factors as well, of course). As you do that, pay special attention to small fees which have the likelihood as rising because they aren’t quite as set as the charge for your representation. Some examples below.
- Among other fees, labor charges are often included in your cost of Washington DC DUI attorney agreement. These labor charges are applied for the time spent by employees performing duties related to your case, moreso for overtime but sometimes even for regular hours.
- Running an office isn’t free, and a lot of lawyers will pass these costs on to the customer by charging fees for the use of paper, stamps, envelopes, etc. Since they don’t tend to count each sheet of paper used on your case, this rarely varies if it’s there at all.
- Your lawyer may need to hire a taxi or waste a sifgnificant amount of gas traveling to the courthouse in order to speak for you. You may see this come out in your fee agreement.
- Lawyers may pay your court fees, but that only means that you will be billed for them. Some things, like filing fees, are unavoidable, but think twice about asking for a jury trial.
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