Drinking and driving · D.C. Superior Court

Driving Under the Influence (DUI) in Washington, D.C.

Q: What is the penalty for a third DUI in D.C.?

A third DUI or DWI conviction carries up to one year incarceration and a $2,500 to $10,000 fine, with a mandatory 15 days in jail, rising to 20 days at a BAC of 0.20 or higher, 25 days at 0.25 or higher, and 25 or more days at 0.30 or higher.

Q: What is the penalty for a second DUI in D.C.?

A second DUI or DWI conviction carries up to one year incarceration and a $2,500 to $5,000 fine, with a mandatory 10 days in jail. The mandatory term rises to 15, 20 or 25 days at blood alcohol levels of 0.20, 0.25 or 0.30 and above, and to 20 days for a Schedule 1 controlled substance.

Q: Is there mandatory jail time for a first DUI in D.C.?

Not for a standard first DUI or DWI. Mandatory jail applies when the blood alcohol content is 0.20 or higher (10 days), 0.25 or higher (15 days), 0.30 or higher (20 days), or when a Schedule 1 controlled substance is involved (15 days).

Q: What is OWI in D.C.?

Operating while impaired (OWI) is the easiest drinking-and-driving offense for the government to prove: the prosecution only needs to show the defendant’s ability to operate a vehicle was impaired in some way. It also carries the lightest penalties, with a first offense punishable by up to 90 days incarceration and/or a $500 fine.

Q: What is the difference between DUI and DWI in D.C.?

DUI requires proof that the driver’s ability to operate or control the vehicle was impaired by alcohol or drugs. DWI does not require proof of impaired driving; a breath test showing a blood alcohol content of 0.08% or greater is sufficient, which is why DWI is known as a per se offense.

Q: What does “under the influence” mean in a D.C. DUI case?

Under the influence is that level of impairment at which a person is appreciably less able, either mentally or physically or both, to exercise the clear judgment and steady hand necessary to drive a car safely.

Q: Can I be charged with DUI in D.C. if I was not driving?

Yes. The prosecution must prove the defendant was operating or in physical control of the vehicle, but the defendant does not have to be actually driving. Sitting at the wheel with keys in the ignition, for example, could be enough for the court to infer operation or physical control.

Q: What is the penalty for a first DUI in D.C.?

A first DUI or DWI conviction in D.C. is punishable by up to 180 days incarceration and/or a $1,000 fine. A blood alcohol content of 0.20 or higher, or a Schedule 1 controlled substance, adds a mandatory jail term of 10 to 20 days.

Driving under the influence (DUI) in Washington, D.C. is the criminal offense of operating or being in physical control of a motor vehicle while under the influence of alcohol or drugs, and a first conviction is punishable by up to 180 days and a $1,000 fine. The District also charges driving while intoxicated (DWI), a per se offense based on a blood alcohol content of 0.08% or greater, and operating while impaired (OWI), which carries the lightest penalties. Jamison Koehler defends DUI, DWI and OWI charges in D.C. Superior Court.

(202) 549-2374

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Offenses	DUI, DWI and OWI
DUI/DWI, 1st offense	180 days incarceration and/or $1,000 fine
OWI, 1st offense	90 days incarceration and/or $500 fine
DWI per se threshold	Blood alcohol content of 0.08% or greater
Mandatory jail, 1st offense at BAC 0.20+	10 days
Court	D.C. Superior Court

What is the difference between DUI, DWI and OWI in D.C.?

Washington, D.C. has three drinking-and-driving offenses. DUI stands for driving under the influence, DWI is short for driving while intoxicated, and OWI is operating while impaired. Most drinking-and-driving cases in the District are charged as DUIs.

The three offenses differ in what the government must prove. DUI requires proof that the driver's ability to operate the vehicle was impaired by alcohol or drugs. DWI is a per se offense proven by a breath test result of 0.08% or greater, with no need to show impaired driving. OWI requires only proof that the driver's ability was impaired in some way, and it carries the lightest penalties.

What is a DUI in D.C.?

A DUI in D.C. has two elements. First, the prosecution must prove that the defendant was operating or in physical control of the vehicle. The defendant does not have to be actually driving the car: sitting at the wheel with keys in the ignition, for example, could be enough for the court to infer operation or physical control.

Second, the prosecution must prove that the defendant's ability to operate or control the vehicle was impaired as a result of drug or alcohol intoxication. A person is impaired when their ability to operate or be in physical control of a vehicle is affected, due to consumption of alcohol or a drug or a combination of the two, in a way that can be perceived or noticed.

Under the influence is defined as that level of impairment at which a person is appreciably less able, either mentally or physically or both, to exercise the clear judgment and steady hand necessary to drive a car safely.

What is a DWI in D.C.?

For a DWI in D.C., the government must prove that the defendant was operating or in physical control of the vehicle, but it does not need to prove that the defendant's driving ability was impaired in any way. A breath test showing a blood alcohol content of 0.08% or greater would be sufficient to secure a conviction. This is why DWI in the District is known as a per se offense.

What is an OWI in D.C.?

Operating while impaired (OWI) is the easiest of the so-called drunk driving offenses for the government to prove in D.C. The prosecution only needs to prove that the defendant's ability to operate a vehicle was impaired in some way. OWI also carries the lightest penalties: a first offense is punishable by up to 90 days incarceration and/or a $500 fine.

What are the maximum penalties for DUI, DWI and OWI in D.C.?

A first DUI or DWI conviction in D.C. carries up to 180 days incarceration and/or a $1,000 fine, while a first OWI carries up to 90 days and/or a $500 fine. Mandatory minimum jail terms apply for higher blood alcohol content levels, for Schedule 1 controlled substances, and for second and third offenses.

Offense	DUI/DWI	OWI
1st offense	180 days incarceration and/or $1,000 fine	90 days incarceration and/or $500 fine
1st offense (BAC 0.20+)	180 days incarceration and/or $1,000 fine with mandatory 10 days jail	—
1st offense (BAC 0.25+)	180 days incarceration and/or $1,000 fine with mandatory 15 days jail	—
1st offense (BAC 0.30+)	180 days incarceration and/or $1,000 fine with mandatory 20 days jail	—
1st offense (Schedule 1 controlled substance)	180 days incarceration and/or $1,000 fine with mandatory 15 days jail	—
2nd offense	1 year incarceration and $2,500–$5,000 fine with mandatory 10 days jail	1 year incarceration and $1,000–$2,500 fine with mandatory 5 days jail
2nd offense (BAC 0.20+)	1 year incarceration and $2,500–$5,000 fine with mandatory 15 days jail	—
2nd offense (BAC 0.25+)	1 year incarceration and $2,500–$5,000 fine with mandatory 20 days jail	—
2nd offense (BAC 0.30+)	1 year incarceration and $2,500–$5,000 fine with mandatory 25 days jail	—
2nd offense (Schedule 1 controlled substance)	1 year incarceration and $2,500–$5,000 fine with mandatory 20 days jail	—
3rd offense	1 year incarceration and $2,500–$10,000 fine with mandatory 15 days jail	1 year incarceration and $1,000–$2,500 fine
3rd offense (BAC 0.20+)	1 year incarceration and $2,500–$10,000 fine with mandatory 20 days jail	—
3rd offense (BAC 0.25+)	1 year incarceration and $2,500–$10,000 fine with mandatory 25 days jail	—
3rd offense (BAC 0.30+)	1 year incarceration and $2,500–$10,000 fine with mandatory 25+ days jail	—

What clients say

In their words.

Mr. Jamison was my lawyer for my second DUI in less than a year and I was facing some real time behind bars. The trial expanded for a few months. He filed about five to six motions on my behalf. He was phenomenal doing the cross examination. He made the prosecution's Witnesses look foolish. They ended up dropping all charges against me. I could not have asked for a better attorney.

E.A., DUI/DWI

The testimonials are examples of what clients have posted about Jamison Koehler on legal referral sites. The outcome of a criminal case depends on factors unique to that case. By posting these testimonials, Koehler Law does not imply that it can achieve the same result in every case.

Did you know

What people get wrong about Driving under the Influence (DUI)

People think

Impairment has to be obvious to count.

Actually

A person is impaired when their ability to operate or be in physical control of a vehicle is affected by alcohol or a drug in a way that can be perceived or noticed.

People think

A first DUI in D.C. never carries mandatory jail.

Actually

A first offense with a BAC of 0.20 or higher carries a mandatory 10 days in jail, rising to 15 days at 0.25 and 20 days at 0.30. A first offense involving a Schedule 1 controlled substance carries a mandatory 15 days.

People think

If my driving looked fine, the government cannot convict me of DWI.

Actually

For DWI, the government does not need to prove that driving ability was impaired in any way. A breath test showing a blood alcohol content of 0.08% or greater would be sufficient to secure a conviction.

People think

DUI, DWI and OWI are just different names for the same charge.

Actually

They are three distinct D.C. offenses. DUI requires proof of impaired ability, DWI is a per se offense proven by a BAC of 0.08% or greater, and OWI requires only some impairment and carries the lightest penalties.

People think

I cannot be charged with DUI unless the car was moving.

Actually

The defendant does not have to be actually driving. Sitting at the wheel with keys in the ignition could be enough for the court to infer operation or physical control.

Questions people ask

Frequently asked questions.

What is the penalty for a third DUI in D.C.?

What is the penalty for a second DUI in D.C.?

Is there mandatory jail time for a first DUI in D.C.?

What is OWI in D.C.?

What is the difference between DUI and DWI in D.C.?

What does “under the influence” mean in a D.C. DUI case?

Can I be charged with DUI in D.C. if I was not driving?

What is the penalty for a first DUI in D.C.?

If you have been arrested for DUI, DWI or OWI in Washington, D.C., which offense is charged and what the government can actually prove about operation and impairment will shape your case. Call Jamison Koehler to talk through your case.

(202) 549-2374

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