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

Jamison Koehler DUI 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 …

U.S. Capitol Building

Confronting the Silent Witness — the Breath Test Machine — in a DWI Case

Jamison Koehler DUI and Driving Offenses

  The government vouches for him.  He himself doesn’t need to come to court, much less explain the basis for his conclusions.  His “testimony,” which is delivered through an interpreter, consists of nothing more than a couple of numbers and some pre-set generic language. There is no opportunity to cross-examine him. And yet the court can send the defendant away …