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A Guide to Getting Out of a DUI Charge

The worst thing about alcohol-related crashes is that they are 100 percent avoidable, yet they continue to kill and ruin lives every year. 

Washington, DC, treats DUI offenses seriously, with convictions resulting in some pretty harsh penalties depending on the circumstances of your arrest.  

If you have been arrested for DUI, this guide can offer you tips on getting out of your predicament, so keep reading to learn more. 

Challenging Your DUI Stop and Arrest

Law enforcement has to follow protocol when stopping vehicles. The standard is reasonable suspicion. For example, if a law enforcement officer notices a driver overspeeding, weaving between traffic, tailgating, or driving too slow for the posted limit, they have reasonable suspicion for pulling you over. 

If the police can’t prove they had a reasonable suspicion for stopping you, your lawyer can use unlawful stop or arrest as a defense. 

Challenging The Validity of The Tests

Law enforcement officers rely on some standardized tests to prove a DUI.  The police can charge you with a DUI even when you are under the legal limit if they deem you too intoxicated to drive a car after a field sobriety test. 

If the tests involved deviated from the standards, then you can use the deviation as a defense. Police body cameras and dashcam footage can help prove your case under such circumstances. 

Challenging Breathalyzer Results

Most DUI charges are based on breathalyzer test results indicating blood alcohol level above the legal limits of 0.08 for drivers 21 or over, 0.02 for drivers under 21, and o.o4 for CDL drivers. 

Failing a breathalyzer test doesn’t mean you are guilty of DUI. You can challenge the results if there is evidence to show that the equipment was poorly maintained at the time of administration, the test was administered improperly, or you have a health condition that could influence the results. 

Get a Lawyer

It is almost impossible to use the defenses cited in this guide independently, so you should consider hiring a lawyer. 

“The court will assign you a lawyer if you can’t afford one. However, public defenders have huge workloads and may not have the time to investigate your case to give you the best outcomes,” says criminal defense lawyer David Benowitz. 

In most cases, public defenders are only there to satisfy the legal requirement. If you want specialized attention, go for a private lawyer.

Consequences Of a DUI Conviction

A conviction with DUI will result in criminal penalties that differ with the circumstances of your arrest, including your level of intoxication, whether or not your intoxication results in injury or death, and prior conviction with a DUI. 

First-time offenders can get a maximum of 180 days in jail, but jail time is not mandatory. You can also face fines not exceeding $1,000. For a second conviction, you will be looking at mandatory ten days in jail up to a maximum of one year and fines not exceeding $5,000. For a third and consecutive conviction, you get mandatory 15 days in jail and a maximum of one year with penalties reaching $10,000. 

Penalty enhancements also apply. For example, a first-time offender can get harsher penalties for higher BAC limits. Besides jail time and fines, you can also get a license suspension and be forced to install an ignition interlock device in your vehicle. 

A conviction can affect your life in ways beyond criminal penalties. For example, it can affect your chances of securing a job or getting child custody. These are more reasons you may want to hire a lawyer.