I always answer the same, with a resounding “Zero.” That’s because prosecutors in the District of Columbia take DUI enforcement extremely serious. The DC Office of the Attorney General will aggressively prosecute every DC DUI arrest—lack of evidence, havoc on an individual’s livelihood, mitigating circumstances all be damned.
The example that most exemplifies the government’s policy towards DUI prosecutions is about a colleague of mine who had a client that blew a literal 0.00 on the breathalyzer machine. My colleague requested that the government dismiss the case. The government refused because the officer suspected the client was under the influence of drugs. When a urinalysis came back months later that revealed the client had no drugs in her system, my colleague requested that the government dismiss the case. The government refused and stated that the officer suspected the client had taken “inhalants,” which go undetected in urine tests. That is the kind of uphill battle defense lawyers face in trying to convince the government to abandon a meritless (or at least questionable) prosecution.