Driving While Intoxicated

Driving While Intoxicated - means operating or being in physical control of a motor vehicle in the District while your blood alcohol level is .08 or above (.08 for blood and breath and .10 for urine).

If you are under 21 years of age you violate the District’s DWI laws if your blood, breath or urine contains any measurable amount of alcohol.

Driving Under the Influence

Driving Under the Influence – means operating or being in physical control of a motor vehicle while under the influence of alcohol or any other drug or combination thereof.  This means that one is driving an automobile while impaired by alcohol or drugs to an “appreciable degree.”

The maximum penalty for first-time DWI or DUI offenders is a fine of $300 and 90 days in jail.  If your blood alcohol level is .20 to .25, there is a mandatory five day jail sentence which the judge must impose.  If your blood alcohol level is above .25, there is a mandatory ten day jail sentence.

For a second offense within fifteen years of your first offense, the penalty is a fine of between $1,000 and $5,000 and up to one year in jail – with a mandatory five day jail sentence.

For a third offense within fifteen years of two prior offenses, the penalty is a fine of between $2,000 and $10,000 and up to one year in jail – with a mandatory ten day jail sentence.

Operating While Impaired

Operating While Impaired – means operating or being in physical control of a motor vehicle while so affected by the consumption of alcohol that it impaired the ability to operate a motor vehicle in a reasonably careful and prudent manner.

The maximum penalty for first-time OWI offenders is a fine of $200-$300 and 30 days in jail.  For a second offense within fifteen years of your first offense, the penalty is a fine of between $300 and $500 and up to thirty days in jail – with a mandatory five day jail sentence.

For a third offense within fifteen years of two prior offenses, the penalty is a fine of between $1,000 and $5,000 and up to one year in jail – with a mandatory ten day jail sentence.

The prosecutors and police officers will use driving behavior, chemical breath tests and field sobriety tests (HGN, Walk and Turn, One Leg Stand and other tests) to support their arrests and obtain convictions.  The Law Office of Bryan T. Bookhard, LLC is competent in the numerous defenses to challenge the police officer’s determination that a person’s driving behavior was the result of impairment and that an individual’s breath scores and/or performance on field sobriety tests is a determination of the level of impairment.

For experienced representation with your drunk driving defense please contact me or call the office at 301-627-1884.