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Driving under the Influence (DUI): D.C. Lawyer
Driving under the influence of alcohol or drugs is a criminal offense in Washington, D.C.
A person can be convicted of DUI for operating — or simply being in physical control of — a vehicle while intoxicated or under the influence of alcohol, drugs, or a combination of the two.
A first DUI conviction is punishable by up to 180 days in jail and a $1,000 fine. Higher alcohol concentrations, certain drugs, and prior impaired-driving offenses can result in mandatory jail time and increased penalties.
Koehler Law represents people charged with DUI and operating while impaired (OWI) in D.C. Superior Court. Attorney Jamison Koehler has handled hundreds of impaired-driving cases and has been trained in the administration of both standardized field sobriety tests and breath testing.
To speak directly with Mr. Koehler about a D.C. DUI case, call 202-549-2374 or email jkoehler@koehlerlaw.net.
D.C. DUI Law: Frequently Asked Questions
What is DUI in D.C.?
Under D.C. Code § 50-2206.11, a person may not operate or be in physical control of a vehicle:
- while intoxicated; or
- while under the influence of alcohol, a drug, or a combination of alcohol and drugs.
The government therefore generally needs to prove two things:
- The defendant operated or was in physical control of a vehicle; and
- The defendant was intoxicated or under the influence.
A person does not necessarily have to be driving a moving vehicle. Depending on the circumstances, being seated behind the wheel with the ability to operate the vehicle may be sufficient to establish physical control.
What does “under the influence” mean in D.C.?
DUI does not require proof that a person was falling-down drunk or incapable of driving.
The D.C. Court of Appeals has described being “under the influence” as a level of impairment at which a person is appreciably less able, mentally or physically, to exercise the judgment and coordination necessary to operate a vehicle safely. Taylor v. District of Columbia, 49 A.3d 1259, 1267 (D.C. 2012).
Evidence used to prove impairment may include:
- the manner in which the vehicle was driven;
- observations by police officers;
- the smell of alcohol;
- speech, balance, or coordination;
- performance on standardized field sobriety tests;
- statements by the driver; and
- breath, blood, or urine test results.
The government does not need every type of evidence in order to prosecute a DUI case.
What is the legal alcohol limit in D.C.?
For most adult drivers, a person is considered “intoxicated” when chemical testing shows an alcohol concentration of at least:
- 0.08 grams per 100 milliliters of blood;
- 0.08 grams per 210 liters of breath; or
- 0.10 grams per 100 milliliters of urine.
See D.C. Code § 50-2206.01(9).
Different standards apply to commercial drivers and drivers under the age of 21.
Importantly, an alcohol concentration below 0.08 does not necessarily prevent a DUI prosecution. A person may still be convicted if the government proves that alcohol affected the person’s ability to operate or control the vehicle.
What is OWI in D.C.?
OWI stands for Operating While Impaired.
Under D.C. Code § 50-2206.14, it is illegal to operate or be in physical control of a vehicle when a person’s ability to do so has been impaired by alcohol, drugs, or a combination of the two.
D.C. law defines “impaired” as meaning that the person’s ability to operate or control the vehicle has been affected in a way that can be perceived or noticed.
OWI carries lower maximum penalties than DUI.
What is the difference between DUI, DWI, and OWI in D.C.?
People frequently use the terms DUI and DWI interchangeably when referring to impaired driving.
Under the current D.C. Code, however, the principal offenses are:
DUI — Driving Under the Influence
D.C. Code § 50-2206.11
OWI — Operating While Impaired
D.C. Code § 50-2206.14
Older materials and people from other jurisdictions may use the term DWI, or “Driving While Intoxicated.” The current D.C. statute incorporates intoxication into the DUI offense rather than creating a separately titled DWI offense.
What are the penalties for DUI and OWI in D.C.?
The penalties depend on the charge, the defendant’s prior record, alcohol concentration, and whether certain drugs were detected.
First DUI offense
A first DUI conviction is punishable by:
- up to 180 days in jail;
- a $1,000 fine; or
- both.
Certain circumstances require mandatory jail time.
For example, mandatory minimum incarceration applies when testing shows particularly high alcohol concentrations or when a person’s blood or urine contains certain specified controlled substances.
Second DUI offense
A second qualifying impaired-driving offense is punishable by:
- up to one year in jail; and
- a fine of $2,500 to $5,000.
A second offense carries a mandatory minimum period of incarceration, with additional mandatory time possible depending on alcohol concentration or the drugs involved.
Third or subsequent DUI offense
A third qualifying offense is punishable by:
- up to one year in jail; and
- a fine of $2,500 to $10,000.
Mandatory minimum incarceration also applies.
See D.C. Code § 50-2206.13.
OWI penalties
For a first OWI conviction, the maximum penalty is:
- 90 days in jail;
- a $500 fine; or
- both.
Repeat OWI offenses carry increased fines, potential incarceration of up to one year, and mandatory minimum jail terms.
See D.C. Code § 50-2206.15.
Who prosecutes DUI cases in D.C.?
DUI and OWI cases in the District of Columbia are generally prosecuted by the Office of the Attorney General for the District of Columbia (OAG).
This differs from many other criminal cases in D.C. Superior Court, which are prosecuted by the United States Attorney’s Office for the District of Columbia.
DUI cases are heard in D.C. Superior Court.
Is diversion available for a first DUI in D.C.?
Depending on the circumstances, some first-time defendants may be eligible for a Deferred Sentencing Agreement, commonly called a DSA.
Under a typical DSA, the defendant enters a guilty plea, but sentencing is postponed while the defendant completes agreed-upon requirements.
If the defendant successfully completes the agreement, the guilty plea may be withdrawn and the criminal case dismissed. If the defendant fails to complete the requirements, the case can proceed to sentencing.
Eligibility and terms depend on the facts of the case and the government’s policies at the time.
A DSA should not be confused with an acquittal. It may also have consequences outside the criminal case, including consequences involving driving privileges. Those issues should be considered before accepting an agreement.
What happens to my driver’s license after a D.C. DUI?
The criminal case in D.C. Superior Court and the driver’s-license consequences imposed by the D.C. Department of Motor Vehicles are separate matters.
For D.C. license holders, participation in the Ignition Interlock Device Program is generally required after a qualifying alcohol- or drug-related driving conviction.
An ignition interlock device, or IID, is installed in a vehicle and requires the driver to provide a breath sample before the vehicle will start. Additional breath samples may be required while the vehicle is being operated.
The length of the IID requirement depends on the particular violation and the driver’s history.
A person facing a DUI charge should therefore consider both:
- the criminal case in D.C. Superior Court; and
- the separate DMV consequences affecting driving privileges.
What happens if I refuse a breath, blood, or urine test?
D.C. has an implied consent law.
By operating or being in physical control of a vehicle in the District, a person is generally deemed to have consented to chemical testing under the circumstances specified by law.
Refusing a requested chemical test can result in separate consequences affecting the person’s privilege to drive in the District. For D.C. license holders, refusal may also trigger mandatory participation in the ignition interlock program.
Refusal may also become relevant evidence in the criminal case.
Whether chemical testing helps or hurts a particular defense depends heavily on the facts. The legal consequences of testing and refusal are complicated and should be evaluated on a case-by-case basis.
Standardized Field Sobriety Tests in D.C. DUI Cases
Police officers investigating a suspected DUI often ask the driver to perform standardized field sobriety tests, commonly referred to as SFSTs.
The three standardized tests are:
- Horizontal Gaze Nystagmus (HGN);
- Walk-and-Turn (WAT); and
- One-Leg Stand (OLS).
Police use these exercises to look for signs they associate with impairment.
The results may be used to support probable cause for an arrest and may also become evidence in the criminal case.
Can field sobriety tests be challenged?
Yes.
A defense lawyer may examine:
- whether the officer administered the test according to standardized procedures;
- whether the instructions were given correctly;
- road, lighting, weather, and traffic conditions;
- footwear and surface conditions;
- the person’s age or physical condition;
- whether the officer accurately recorded the person’s performance; and
- whether body-worn-camera footage supports the officer’s written report.
Video evidence can be particularly important because it allows the judge, jury, and defense lawyer to see what actually happened rather than relying solely on an officer’s characterization of the tests.
Breath, Blood, and Urine Testing
Chemical testing can play an important role in a D.C. DUI prosecution.
Breath testing
Breath testing does not measure alcohol directly from the blood. Instead, the instrument analyzes a breath sample and uses that information to estimate alcohol concentration.
A defense lawyer reviewing breath-test evidence may examine:
- whether the instrument was properly maintained and certified;
- whether required procedures were followed;
- whether the operator was properly trained;
- whether an adequate observation period occurred;
- whether the samples satisfied testing requirements; and
- whether anything could have affected the reliability of the result.
Blood testing
Blood testing measures alcohol or drugs from a blood sample and can provide important evidence of alcohol or drug concentration.
Potential issues include the collection, handling, storage, testing, and chain of custody of the sample.
Urine testing
Urine testing may also be used in impaired-driving cases, particularly when drugs are suspected.
The existence of a drug or drug metabolite in a person’s system does not necessarily answer every question about whether the person was impaired at the time of driving. The significance of the result depends on the substance involved and the other evidence in the case.
How can a lawyer defend a DUI case in D.C.?
There is no single defense that applies to every DUI case.
A DUI defense requires examining each stage of the government’s investigation and determining whether the evidence is legally admissible and factually persuasive.
Potential issues include the following.
1. Was the traffic stop lawful?
Stopping a vehicle is a seizure under the Fourth Amendment.
Police therefore need sufficient legal justification for the stop. Depending on the circumstances, that may involve a traffic violation or reasonable suspicion of criminal activity.
If the initial stop was unlawful, evidence obtained as a result of the stop may be subject to suppression.
2. Was the detention improperly extended?
Even when the initial traffic stop is lawful, police generally cannot extend the detention indefinitely without additional legal justification.
The defense may examine when the original purpose of the stop should have been completed and what information, if any, justified extending the encounter into a DUI investigation.
3. Did police have probable cause to make the arrest?
An arrest must be supported by probable cause.
The defense may challenge the observations, statements, field sobriety tests, video evidence, and other circumstances police relied on to make the arrest.
4. Were the field sobriety tests administered properly?
Field sobriety testing is standardized.
Departures from standardized instructions or testing conditions may affect the significance of the officer’s conclusions.
Body-worn-camera and other video evidence may be important in determining exactly how the tests were administered and how the driver actually performed.
5. Is the chemical-test result reliable?
Breath, blood, and urine testing involves procedures that must be followed properly.
The defense may review maintenance records, certifications, operator qualifications, sample collection procedures, laboratory records, and other evidence affecting reliability.
6. Does the evidence actually prove impairment?
A DUI prosecution ultimately requires proof beyond a reasonable doubt.
A person may smell of alcohol without being impaired. A nervous person may perform poorly on roadside exercises. Medical or physical conditions may affect balance, speech, or appearance. Police reports may also characterize events differently from what appears on video.
The defense must evaluate the evidence as a whole.
Do I need a lawyer for a D.C. DUI case?
A person charged with DUI has the constitutional right to represent himself or herself, but impaired-driving cases can involve multiple legal and technical issues.
These may include:
- Fourth Amendment search-and-seizure issues;
- standardized field sobriety testing;
- breath, blood, or urine testing;
- body-worn-camera evidence;
- mandatory minimum penalties;
- diversion eligibility;
- driver’s-license consequences; and
- ignition interlock requirements.
The criminal case and the DMV proceedings can also proceed on different tracks.
An attorney familiar with D.C. DUI law can evaluate both the evidence and the potential consequences before the defendant decides how to proceed.
D.C. DUI Lawyer
Koehler Law focuses its criminal defense practice on cases in the District of Columbia.
Jamison Koehler has represented hundreds of people charged with DUI and other impaired-driving offenses in D.C. Superior Court. He has been trained in the administration of standardized field sobriety testing and the breath-testing equipment used in D.C., and he has litigated DUI issues before the D.C. Court of Appeals. Mr. Koehler is also a founding member of the American Association of Premier DUI Attorneys, nationwide legal organization dedicated to improving the defense of people charged with drinking-and-driving offenses.
Every case is different. Past results do not guarantee a particular outcome.
To discuss a DUI or OWI case in Washington, D.C., contact Jamison Koehler directly at 202-549-2374 or jkoehler@koehlerlaw.net.
Last updated by lawyer: September 21, 2026