From the category archives:

DUI and Driving Offenses

OAG Sends Out Form Letter on D.C. Intoxilyzer Problems

March 20, 2010 DUI and Driving Offenses

The Office of the Attorney General (OAG) has been notifying defense lawyers in many cases in which D.C. police used the Intoxilyzer 5000EN that the prosecution will not introduce breath test results into evidence. The form letter informs counsel that “there MAY have been a past calibration issue with the Intoxilyzer utilized by the Metropolitan [...]

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Vindication for DWI Lawyers in Washington, D.C.

March 7, 2010 DUI and Driving Offenses

D.C. criminal defense lawyers have long challenged the accuracy of the breath test machine used in the District, the Intoxilyzer 5000EN, to measure blood alcohol concentrations of drivers suspected of driving while intoxicated (DWI).   Even when properly calibrated, the equipment relied on a number of questionable assumptions with respect to breath alcohol as a surrogate [...]

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Use of An Expert Witness in a D.C. Drug or DWI/DUI Case

March 5, 2010 DUI and Driving Offenses

I used to hire a particular expert witness in Philadelphia on drug distribution cases, a guy named David Leff.  Leff was so good — that is, he had so much credibility with judges — that I rarely had to call him to the stand.   Sometimes all he needed to do was walk into the room [...]

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D.C. Police Acknowledge Faulty Operation of DWI/DUI Breath Test

February 28, 2010 DUI and Driving Offenses

D.C. police have recently admitted what criminal defense lawyers have long been claiming; namely, that the Intoxilyzer 5000 EN machine, which is used in the nation’s capitol to measure a suspect’s blood alcohol content after an arrest for DWI or DUI, has not been operating properly.  As a result, the Office of the Attorney General [...]

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Prosecutorial Discretion and DUI/DWI Diversion

February 6, 2010 DUI and Driving Offenses

Bad luck.  My client is middle-aged.  He has children and runs his own business.  He is a respected member of our community.   And he has never been arrested before.
He is pulled over for speeding at two am on New Year’s morning and charged with drinking-and-driving.  Two hours earlier, he would have been eligible for a [...]

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Requesting a DMV Hearing After a DWI or DUI Arrest in Washington, DC

January 8, 2010 DUI and Driving Offenses

One of the collateral consequences of a DWI or DUI arrest in Washington, D.C. is the suspension of your driver’s license pending the outcome of the criminal case.  In order to prevent this suspension, you need to request an administrative hearing within 5 days of receiving the “Official Notice of Proposed Suspension” from the D.C. [...]

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Deferred Sentencing Agreements (DSAs) for DWI and DUI in Washington, D.C.

January 7, 2010 DUI and Driving Offenses

With “diversion” programs no longer available for DWI and DUI cases in Washington, D.C. (see my post of 12-3o-09), the next best option for people charged with a drinking-and-driving offense would appear to be a “deferred sentencing agreement” or DSA.
According to this arrangement, the defendant enters a plea of guilty to the offense and the [...]

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DWI and DUI Defendants No Longer Eligible for D.C.’s Diversion Program

December 30, 2009 DUI and Driving Offenses

Effective January 1, 2010, the Office of the Attorney General (OAG) in Washington D.C. will no longer accept people charged with DWI or DUI into the D.C. diversion program.
The diversion program has traditionally been a good way for a first-time offender with a low blood alcohol content to avoid prosecution. Admission into the program is [...]

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Criminal Defense Attorney Challenges to the Breath Test in a Washington, D.C. DWI or DUI Case

December 26, 2009 DUI and Driving Offenses

Over the last couple of weeks, I have covered potential legal challenges along every step of an arrest for driving while intoxicated (DWI), driving under the influence (DUI), or operating while impaired (OWI) in Washington, D.C.

Specifically, I have discussed potential challenges to the police officer’s initial stop of the vehicle and the officer’s decision to [...]

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Avoiding a DWI/DUI in Washington, DC: How Many Drinks Are Too Many?

December 16, 2009 DUI and Driving Offenses

How many drinks are too many?
If you asked my mother that question, or any of her teetotalling relatives, the response would be: That’s simple, stupid. Any number of drinks is too many.

In this context, however, my real question is actually different. How many alcoholic drinks can you have without exceeding the legal limit for safe [...]

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