By T. Maddox-Levine, Esq,
The Law Offices of Maddox Levine PLLC
May 4, 2020
If you are reading this, unfortunately, a DUI arrest has already occurred for you or for someone you know. It's bad enough to be handcuffed and hauled off into the dark unknown; but it can be downright terrifying to not know what could/should happen next.
To perhaps ease those fears, here is a list of 5 Things That Should Happen After a DUI Arrest in Washington, D.C.:
- After an arrest, the person is taken to the local police district to be booked on the charges of Driving Under the Influence (DUI) and Operating While Impaired (OWI). The officer may add additional charges, during the booking process, depending on the facts surrounding the arrest; but these two are the ‘standard' initial offenses charged. NOTE: the Office of the Attorney General (OAG)/prosecutor proceeds in the case on both DUI & OWI; however, the disposition of your case by trial/plea will result in at least one of those two charges being dismissed (because the elements of each offense is the same/only the penalties are different).
- The person charged will then have their photograph and fingerprints taken , before being asked to submit to chemical testing. The officer may ask for one or both chemical tests: a breath test and/or a urine test. A breath test must include two detectable breath samples (for confirmation reasons) and a urine test is usually requested if a breath test is not performed/drug impairment is suspected. NOTE: THE TESTS ARE NOT MANDATORY, but refusal could result in the revocation/suspension of one's driving privileges depending upon where one is licensed. Blood tests are performed in hospital cases.
- After a few hours, the person will either be released with a citation to appear in court on a future date for arraignment OR will be held to be brought before an Arraignment Judge within 48 hours of arrest. Holds are usually reserved for repeat offenders/those on probation/parole/very serious offenses and/or in cases where the appropriateness of a citation release has not been confirmed.
- Prepare to Fight:
- Once released, an experienced DC DUI lawyer should be contacted, consulted and retained. NOTE: not everyone who advertises on the internet is actually experienced in the practice of DC DUI Law, so - check credentials, client reviews, and then schedule an attorney consult to see which DUI firm/attorney in best suited for you.
- You should also have received a D.C. Department of Motor Vehicle's Notice of Proposed Revocationfrom the police officer. If licensed in the District of Columbia, the Notice allows only 10 days (from the date of the arrest) for one to go to the D.C. Department of Motor Vehicles to request a hearing that will prevent the automatic revocation of driving privileges (if licensed outside of the District, then the time frame is 15 days from the date of arrest).
- Whether a Notice is received or not – check the status of your license with the DC DMV before the deadline to request a hearing expires. Sometimes the Notice is not provided by the officer as required, so it's best to check the status of your license for yourself to be certain to avoid any additional problems.
That's knowledge you can use.
DUI Defense Team at the Law Offices of Maddox Levine PLLC
Have you or a loved one been charged with a DUI in Washington, D.C.? If so, it's time to contact a trusted DUI defense attorney at the Law Offices of Maddox Levine, PLLC. Trust. Knowledge. Experience. It all matters!
Contact a lawyer who knows, by calling us today at 202-441-8810.