Articles Posted in FAQs

Most crimes by law cannot be prosecuted if a certain period of time has elapsed between the time of the incident and the time the victim reports the incident. This is referred to as the “statute of limitations.” For the most serious types of sexual assault (first and second degree), the statute of limitations is 15 years. For third- and fourth-degree sexual assault, the statute of limitations is 10 years.

Sexual assault is a serious crime that is aggressively prosecuted in the District of Columbia. To understand what conduct constitutes sex assault, the District of Columbia Code sets out four degrees of behavior. D.C. Code 22-3002 defines first degree sexual assault and provides a maximum penalty for the crime at life imprisonment.

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This post is the final part in a three part series that answers frequently asked questions for folks arrested for DUI and DWI in the District of Columbia.

What are the chances this case will just get dropped?

Unfortunately, the chances that the DC Attorney General’s Office will drop a DC DUI or DWI is basically zero.  As I have previously stated, the DC OAG treats DUI cases like murder cases.  Whether its the fact that the local government gets more federal money the more DUI convictions they get or because they have such limited jurisdiction to prosecute crimes in DC, I don’t know.  But I can tell you they will not just drop it.  Accordingly, its important you hire an experience DC DUI attorney who will fight to protect your rights.

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This blog is the second post in a two part series that sets out to answer some of the frequently asked questions for DC DUI arrests.

What will happen to my driver’s license if I am arrested for DUI or DWI in DC?

The answer to this questions depends on whether you have a DC driver’s license or an out of state license.  First and foremost, if you have a DC driver’s license and you get arrested for DUI or DWI, you can lose your license just for the arrest.  Its important to request a hearing with the DC Department of Motor Vehicles (or “DMV”) within ten business days of your arrest.  Doing that will stop the license suspension from taking effect.  It will then be up to a hearing examiner at DMV to decide whether to suspend the license or not based on the testimony of the arresting officer.  At the very least, requesting the hearing will at least postpone the license suspension.  If convicted for DUI, you can lose your DC license for six months to one year.

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This posting is the first in a three part series that seeks to answer some of the many questions people have regarding DC DUI arrests.  This post, like all posts, is not intended to serve as legal advice and is for educational purposes only.

Do I have to blow into the breath machine?

This question is complicated, but the short answer is no.  However, if you refuse to blow into the breathalyzer or submit to a urine or blood sample, the DC Department of Motor Vehicles can suspend your license for one year.  Although any arrest or conviction for DUI or DWI in DC can result in a loss of license for at least six months anyway.  The refusal may add another six months.  However, most DC DUI judges will give probation to first time offenders.  However, if your breath score is above a .20, then that triggers mandatory minimum jail time under the law.  That means even if the judge only wants you to give you probation, she must give you some mandatory minimum time.  The new law also prevents this time from being served on the weekends.  DUI is the only crime where the law literally requires you to incriminate yourself while police investigate you or be punished.

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