From the monthly archives:

September 2009

DUI/DWI: Trial Issues

September 24, 2009 DUI and Driving Offenses

If the defendant is not eligible for diversion and if either there is no Motion to Suppress or the Motion to Suppress is denied, then the defendant faces trial. As described in earlier entries, there are two things the prosecution needs to prove at trial: (1) operation or physical control; and (2) impaired driving through [...]

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DUI/DWI: Litigating a Motion to Suppress

September 23, 2009 DUI and Driving Offenses

In ruling on a Motion to Suppress in a DUI/DWI case, the court will look at the “totality of the circumstances” affecting the police officer’s decision to stop, arrest, and test the defendant. Defense counsel will therefore challenge the legality of police conduct at every step of the process. The earlier the illegality occurs, the [...]

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DUI/DWI: What is a Motion to Suppress?

September 22, 2009 DUI and Driving Offenses

If diversion is not an option for a client charged with DUI/DWI, the next step — also pre-trial — is to look at the legality of the stop. In other words, why did the police officer pull over the person to begin with? The Fourth Amendment of the U.S. Constitution prohibits unreasonable seizures. A car [...]

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DUI/DWI Diversion Program

September 21, 2009 DUI and Driving Offenses

Getting pulled over for drunk driving can be an unsettling experience for most people. For many clients, the experience represents the first time they’ve ever been arrested. Being charged with DUI or DWI is even worse. So it is probably not much consolation to learn that, from the lawyer’s perspective, defending someone charged with DUI/DWI [...]

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Chemical Test Refusals Under DC’s DUI/DWI Statutes

September 19, 2009 DUI and Driving Offenses

Assuming you have not been in an accident, you can refuse to take a breath, blood, or urine test in the District of Columbia after being pulled over by a police officer for suspicion of driving while intoxicated or driving while under the influence. However, under D.C.’s “implied consent” law, your driver’s license will automatically [...]

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My Personal Philosophy on Criminal Defense

September 16, 2009 Law Practice

On a Person Being Arrested
Be polite, calm, and respectful. Do not say anything. If the officer asks you any questions, calmly reply that you will not say anything without your lawyer present. Then call your lawyer at the first opportunity. Remember that police officers are professionals. You may not have any experience being arrested; they [...]

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How the Prosecution Proves DWI and DUI

September 10, 2009 DUI and Driving Offenses

What are the elements of the DUI and DWI offenses in the District of Columbia? In other words, what does the prosecution need to prove in order to have you convicted of either offense?
As I described in an earlier entry, there are two ways for an adult who is operating a vehicle in the nation’s [...]

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The Difference Between DUI and DWI

September 9, 2009 DUI and Driving Offenses

Day one of the D.C. Criminal and DUI Law Blog. Allow me first to introduce myself. My name is Jamison Koehler, and I am a criminal defense lawyer who has just moved to the D.C. area from Philadelphia. Licensed to practice law in Pennsylvania, I am currently waiting for my application to waive into the [...]

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