Articles Tagged with Alcohol Offenses

For family members and loved ones of those arrested can experience intense anxiety, fear, and stress.  First and foremost, when someone in DC gets arrested, the police will not likely give accurate information as to where they will take the person.  If the police have told you that the person will be taken to Central Cellblock, you can call and find out if that is correct.

Central Cellblock is located next to DC Superior Court at the Metropolitan Police Headquarters.

The contact information for Central Cellblock is:

300 Indiana Ave., NW
Washington, DC 20001

Phone: (202) 727-4222
Fax: (202) 727-2230

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In the District of Columbia, the Office of the Attorney General (OAG) is responsible for prosecuting DUIs and it takes this job very seriously. While other jurisdictions routinely offer favorable deals for DUI offenders, DC rarely does. What that means is that often times you would be no better off pleading guilty than you would be if you took the case to trial and lost. Your best bet at beating a DUI conviction is going to trial and holding the government to its burden of proof.

To be convicted of a DUI, the government must prove that you were (1) operating a motor vehicle (2) while under the influence of alcohol or drugs. While two elements may not seem like much to prove for the government, there are numerous ways to challenge the evidence against you on both elements.

The first element of the DUI offense is the trickiest element to challenge because DC law has a broad definition of what it means to operate a motor vehicle. Operate is defined as actual physical control over the vehicle. Physical control means capable of putting the vehicle into movement or preventing movement. If you were pulled over and the police witnessed you driving, it is hard to say you were not operating the vehicle.

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A Wisconsin man is currently facing up to 30 years in prison after being convicted of his eighth DUI. In the state of Wisconsin, while a single DUI conviction is usually charged as a misdemeanor, multiple DUIs are charged as felonies which carry significantly higher penalties. Unlike in Wisconsin, however, DUIs within the District of Columbia are never charged as felonies.

As previously discussed, in the District, the Office of the Attorney General (OAG) has jurisdiction over the prosecution of DUIs. The OAG can only prosecute traffic misdemeanors like DUIs, reckless driving, and hit and runs. Conversely, if a person within DC is charged with a felony, the United States Attorney’s Office (USAO) has jurisdiction to prosecute the case. Consequently, the OAG will rarely ever charge a DUI as a felony because it does not want to lose jurisdiction over the case. What this means is that no matter how many DUIs you get within DC, you will only ever be charged with a misdemeanor. So while the Wisconsin man mentioned earlier faces up to 30 years in prison for eight DUI convictions, the most time a person will spend in jail for any DC DUI or DWI is up to 1 year.

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In recent news, Public Enemy hype man Flavor Flav was arrested for driving under the influence in Las Vegas. This arrest follows a string of other charges plaguing the Rock & Roll Hall-of-Famer including charges for marijuana-related DUI, speeding, open container, operating a vehicle without a valid permit, and battery. Considering the length of the rap legend’s rap sheet, you can imagine how quickly Flavor Flav said “Yeahhh Boiii” when the judge in the most recent case accepted his plea of no contest.  In some states, when you are arrested for a crime, you have the option of pleading three different ways to the charges: not guilty, guilty, or no contest. Generally, the government will offer you some type of deal in order for you to plead guilty or no contest because it gives the government a chance to close your case quickly and secure an easy conviction.  Flava Flav’s case illustrates an important point about handling a DUI or DWI in DC.

In many cases, it is common for the government to offer some sort of lighter sentence in return for a defendant’s guilty plea. In other cases, a defendant may plead no contest (or nolo contendere) and the government will not oppose this plea because the defendant will be punished the same way as if he or she pled guilty. A no contest plea is preferable for some defendants because it allows the defendant to avoid admitting guilt for the crime and the negative effects that a guilty plea may have otherwise had in the future. A nolo contendere plea is basically the Defendant saying: “I may or may not be guilty but I don’t want to take the time and effort to challenge the prosecution.”

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sleep-1431410What started out as a mission to satisfy a late-night craving, ended in disaster for one Florida man when a police officer found him sleeping in his car at a Taco Bell drive-thru.

As explained in a recent Los Angeles Times article, the driver fell asleep while placing his order early one Friday morning.  After the drive-thru attendant woke the driver up, he pulled his car into a parking spot to wait for his order there.  Not long after the driver parked his car, a police officer who had been dining inside the restaurant, noticed him sleeping.  The driver explained to the officer that he was just waiting on the food he’d ordered, but the officer knew something the man did not—he had actually never ordered his food.  Suspecting the driver may be under the influence, the officer asked him to take a roadside breath test but he refused.  However, the man was eventually charged with DUI after failing a field sobriety test.

This news article demonstrates the confusing nature of what it means to “operate” a motor vehicle while intoxicated or under the influence.  Employing the general standards of common sense, one would think the driver wasn’t in control of his vehicle in this situation because the car was parked and the driver was asleep.  In the District of Columbia, however, common sense does not prevail.

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car-1232347As previously discussed, if you are arrested in the District of Columbia for a DUI, the DMV will most likely suspend or revoke your license for a period of 6 months to 2 years depending on various factors. However, the DC DMV offe
rs an Ignition Interlock Device Program (IIDP) allows DUI and DWI offenders to get their driving privileges back faster.  An ignition interlock device is a breathalyzer connected to a car’s ignition system. To start the car, the driver must first blow into the device to check the alcohol level on his or her breath. The car will only start if the driver’s breath alcohol level is below an accepted amount on the device.

While the device itself may be a bit burdensome on a driver or a somewhat unsightly in your vehicle, DC’s IIDP gives DUI offenders a chance to reduce the suspension or revocation period on their license. What this means is that if your license is suspended because of a DC DUI and you participate in the program, you get a restricted driver’s license which allows you to drive as you once did, so long as your vehicle contains the breathalyzer. Although the program is optional at the moment, it may become mandatory for some DUI offenders.

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A likely consequence of a DC DUI conviction is the suspension or revocation of your license.  In the District of Columbia, if you are convicted for a DUI, the DMV will automatically initiate procedures against you to either suspend or revoke your driver’s license.  The DC DMV takes this step regardless of whether you are actually convicted of the DUI.  We have previously discussed tips for preventing the license suspension while the case is pending.  If you ultimately get convicted, there is virtually no way around suspension.  If your license has been suspended or revoked in the District, there are important things to know to reinstate your driving privileges.

First, you must wait to reinstate your license after the suspension time or revocation period has ended.  What this means is that you are not eligible for reinstatement within a certain period of time after your arrest, and the time period varies depending on whether you submitted to or refused to take the breathalyzer test during your arrest.

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black police cuffsThe District of Columbia Superior Court is unlike many jurisdictions in that it does not have a bail bond system. In fact, there is not a single bail bonds person or business in the entire District. The City Council outlawed bail bonds years ago. So, the question is how is bond determined in a DC criminal case. DC Superior Court has a condition based system that starts with the general principle that most people should be released on their personal promise to appear in court.

That means in most misdemeanor cases, including DUIs, the person arrested will be released and required to sign notice to return for their next court date and appear with their attorney. The notice informs the person that if they fail to appear at the next court date, they could be charged with a separate crime (called a Bail Reform Act violation) that carries a maximum penalty of 180 days and/or a $1,000.00 fine. Often times, however, the judge will also impose court ordered conditions as part of the person’s release. Sometimes these conditions make sense. For example, when a repeat drug offender gets ordered to participate in a drug treatment program. However, many times the conditions imposed can be invasive, burdensome, and even paternalistic.

As previously discussed, the Pretrial Services Agency supervises most of the individuals charged with a crime and released on their personal promise to appear. Pretrial is a giant government bureaucracy that is understaffed and overworked. However, it appears that a recent trend has been a push to get more individuals charged with DUI’s and DWI’s in DC under Pretrial Supervision. At Scrofano Law PC, we recommend anyone charged with a DC DUI, including a first-offender enroll in a private alcohol program in an effort to avoid the requirement to report to and be supervised by Pretrial Services Agency.

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In the District of Columbia, when an individual gets arrested for a DUI or DWI, the police officer is supposed to serve the individual a “Notice of Proposed Revocation.” The Notice instructs the person arrested that they must request a hearing with DC DMV within 10 days otherwise their DC driver’s license will be suspended. If the person arrested has an out of state license, the proposed notice of revocation instructs them to request a hearing within 15 days. If the arrested person with an out of state license fails to request a hearing within 15 days, that person will lose their driving privileges in In the District of Columbia.

If an individual fails to request the hearing but continues to drive they could get arrested for operating after suspension (“OAS”) or operating after revocation (“OAR”). Those crimes are separate misdemeanors that carry a maximum penalty of one year in jail and/or a $5,000.00 fine. While most people get unsupervised probation if convicted for those crimes, getting arrested while having a pending DUI case can definitely lead to some jail time. In addition, convictions for OAS and OAR also carries 12 points with the DC DMV. A DUI combined with an OAR or OAS arrest or conviction can lead to serious license problems. Its like digging a hole you cannot get out of.

Accordingly, its extremely important that anyone arrested for a DC DUI request a hearing within the time limits set forth in the Notice. The location to set a DMV hearing is 301 C Street NW, Washington, DC 20001. The Notice provides several basis to revoke or suspend a license or driving privileges. Refusing to take a breathalyzer is a basis to issue the Notice. Simply getting arrested for DUI is enough to get issued a Notice regardless of whether the arrested person blows in the breathalyzer. It’s the officer’s responsibility to properly serve the Notice on the arrested person and get it to the DC DMV. In rare cases, the officer may forget to submit the paperwork and the arrested person will go to the DMV anyway. In that situation, the DMV will usually tell the arrested person that they have nothing on file. In that situation, the person’s driving privileges are safe unless and until they get convicted for a DC DUI, DWI, or OWI.

When a person requests the hearing, that request will toll the suspension at least until the criminal case is over. For example, lets say you get arrested on January 1st. If you do nothing, your driving privileges will be suspended or revoked. If you request a hearing and let’s say it gets set for February 7, your license will remain valid at least until February 7. If the officer fails to show up for the February 7 hearing, the DMV will take no action against the license. That means you will only lose your license if you ultimately get convicted in the criminal case. If you hire an aggressive DC DUI lawyer and get the case dismissed or you win at trial, you will never lose your license in the process under that scenario. However, if win the DMV hearing and ultimately get convicted, DC DMV will suspend your license for 6 months if you blew and one year if you refused to blow in the breathalyzer.

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As is the case with most legal inquiries, the answer to the above question is “it depends.”

Whether or not you should appeal your DC DUI conviction depends on what you are looking to get out of the situation. If you are only trying to avoid the trial court’s sentence, maybe an appeal isn’t for you. On the other hand, if you would like to have your conviction overturned and your conviction removed from your record, maybe an appeal is for you. Obviously, all three results are preferable. However, avoiding your sentence is impossible due to time it takes for the parties to brief the appellate issues and the time it takes the DC Court of Appeals to issue a decision.

Having dealt with your DUI at the trial level, you have probably realized that the judicial process is lengthy and time-consuming. The appellate court process is tedious and time-consuming as well. On average, DUI appeals take approximately a year to resolve.

In the District of Columbia, you have 30 days from the trial court’s judgment to note your appeal. After you note your appeal, you must file your Appellant’s Brief within 40 days. The government has 30 days to respond to your brief. Then, you have 21 days to file a reply. At this point, your appeal has already taken 121 days—not including weekends or national holidays. If you factor in the numerous motions for extension of time, which is common for both parties to ask for in order to file briefs, the timetable nearly doubles. Finally, once the parties have filed everything, the case is submitted to the DC Court of Appeals and it issues a decision in months or even a year.

Any jail sentence imposed for a DC DUI conviction will most likely take you less than a year to complete. However, probation could take a year or longer. Thus, even if the DC Court of Appeals ruled in your favor, you may have already served your sentence. Nonetheless, you have a lot to gain from appealing your DUI conviction.

Winning an appeal could result in your conviction being overturned and erased from your record. There are numerous reasons why having your conviction cleared from your record is ideal such as future employment and educational opportunities. Or maybe having your conviction erased from your record is more of a moral victory to you. Just think of the weightlessness you would feel without a conviction hanging over your head.

While the facts of every case are different and winning a DUI appeal is never a guarantee, there are various issues that you can attack to ensure the best possible result for your appeal. For instance, it has recently come to light that the Metropolitan Police Department has a history of problems with their breathalyzer program which resulted in a multitude of wrongful DUI and DWI convictions. Wrongful DUI conviction is just one example of the many issues an experienced appellate lawyer could challenge in your DUI appeal.

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