Legal Question in DUI Law in District of Columbia
DWI Vs. OUI what's the difference when charged with both?
I have been charged with both DWI and OUI in the
district of columbia, is this an opportunity to plea
bargain down to the lesser of the two? what are
the ramifacations of both? I was found to have a
.16 BAC and the limit in DC is .08.
2 Answers from Attorneys
Re: DWI Vs. OUI what's the difference when charged with both?
DC has a vastly different set of rules. It's federal jurisdiction. I know the limit is .08. The prosecutors have their own views on things and what they want out of the Defendants. You need to discuss this in detail with your lawyer. We practice in DC. Call for a free consult. Joe Trevino. 1-800-924-6217 or 301-441-3131
Re: DWI Vs. OUI what's the difference when charged with both?
Operating under the influence, OUI, means that you had a BAC level of about .05 or above, which is prima facie evidence that you were operating or
had control of a vehicle while impaired. DWI, driving while intoxicated, indicates a BAC level
of .08 or above, and is considered prima facie evidence that you were in fact intoxicated, not merely impaired. Although DC is obviously a federal jurisdiction, these offenses are prosecuted by DC's Office of Corporation Counsel.
First offenders are frequently charged with both offenses in anticipation of a plea bargain, and,if the BAC level is not outrageously elevated,
any DC practitioner who is even remotely familiar with Traffic Court at DC Superior Court should be able to negotiate a disposition that is most satisfactory from the perspective of the defendant.