DWI

Educating D.C. Criminal Defense Lawyers on DUI/DWI/OWI

November 23, 2009 DUI and Driving Offenses

This past weekend I attended a full-day seminar entitled “DUI, DWI, and OWI Cases After Melendez-Diaz.”  Hosted by the Public Defender Service for the District of Columbia, the seminar was attended by almost 100 criminal defense lawyers in D.C.  Two prominent DUI/DWI/OWI lawyers, Thomas Key and Bryan Brown, led the presentations.  Also speaking at the [...]

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DUI/DWI: Trial Issues

September 24, 2009 DUI and Driving Offenses

If the defendant is not eligible for diversion and if either there is no Motion to Suppress or the Motion to Suppress is denied, then the defendant faces trial. As described in earlier entries, there are two things the prosecution needs to prove at trial: (1) operation or physical control; and (2) impaired driving through [...]

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DUI/DWI: Litigating a Motion to Suppress

September 23, 2009 DUI and Driving Offenses

In ruling on a Motion to Suppress in a DUI/DWI case, the court will look at the “totality of the circumstances” affecting the police officer’s decision to stop, arrest, and test the defendant. Defense counsel will therefore challenge the legality of police conduct at every step of the process. The earlier the illegality occurs, the [...]

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DUI/DWI: What is a Motion to Suppress?

September 22, 2009 DUI and Driving Offenses

If diversion is not an option for a client charged with DUI/DWI, the next step — also pre-trial — is to look at the legality of the stop. In other words, why did the police officer pull over the person to begin with? The Fourth Amendment of the U.S. Constitution prohibits unreasonable seizures. A car [...]

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DUI/DWI Diversion Program

September 21, 2009 DUI and Driving Offenses

Getting pulled over for drunk driving can be an unsettling experience for most people. For many clients, the experience represents the first time they’ve ever been arrested. Being charged with DUI or DWI is even worse. So it is probably not much consolation to learn that, from the lawyer’s perspective, defending someone charged with DUI/DWI [...]

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Chemical Test Refusals Under DC’s DUI/DWI Statutes

September 19, 2009 DUI and Driving Offenses

Assuming you have not been in an accident, you can refuse to take a breath, blood, or urine test in the District of Columbia after being pulled over by a police officer for suspicion of driving while intoxicated or driving while under the influence. However, under D.C.’s “implied consent” law, your driver’s license will automatically [...]

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