As previously mentioned, the District of Columbia Office of the Attorney General (“OAG”) prosecutes alcohol related traffic offenses. These offenses include Driving under the Influence (“DUI”), Driving while Intoxicated (“DWI”), and Operating while Impaired (“OWI”). These crimes are essentially the most serious crimes the OAG has jurisdiction over. If you are arrested for DUI, the government will likely charge you with DUI and OWI. OWI is sort of like a lesser offense to DUI. You cannot be convicted and sentenced for both DUI and OWI.
The OAG operates with near uniform policies related to DUI plea negotiations. In fact, a good DC DWI lawyer can usually predict what plea offer the OAG will extend before the prosecutor actually extends the offer. For a typical first offender DUI, the OAG will offer plea to the DUI, dismiss the OWI, and the government will recommend a suspended sentence, one year probation, and a series of alcohol related classes and fines. An overwhelming number of DC DUI cases receive this exact plea offer. For this type of offer, there is almost no incentive to accept the plea offer.