Problems in Measuring a DUI Breath Sample

Jamison KoehlerDUI and Driving Offenses

When my daughter was still a toddler, I was strapping her into the child safety seat of an overheated car when she began to blow small breaths. It took me a moment to figure out what she was doing:  Having learned that she could cool down hot liquid by blowing on it, she was using the same principle to try …

D.C. skyline

On Developing a Trial Persona That Works for You

Jamison KoehlerDUI and Driving Offenses, Trial Advocacy

One of the first things they told us during training at the public defender’s office in Philadelphia was that, although they could help us develop many of the skills we needed to become successful trial lawyers, they could not help us with our trial personas.  That was something we had to develop for ourselves. And there was no one-size-fits-all approach. …

D.C. v. Loftus: Operating On A Suspended License Is A Strict Liability Offense

Jamison KoehlerDUI and Driving Offenses, Opinions/Cases

Driving without a license has long been a strict liability offense in D.C. That is, in order to secure a conviction for this offense, the government need only prove that you didn’t have a driver’s license at the time you were driving. It does not need to prove any type of criminal intent or guilty knowledge; in this case, that …

Same Standard, Different Penalties for Drinking-and-Driving in DC

Jamison KoehlerDUI and Driving Offenses, Opinions/Cases

D.C. Superior Court judges, prosecutors, and defense attorneys have traditionally treated the criminal offense of Operating While Impaired (OWI) as if it were a lesser-included offense of Driving Under The Influence (DUI).  Although a specific standard for OWI cannot be found in either the statute or case law, judges have repeatedly stated that in order to secure a conviction for …