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.


Asked on 12/21/01, 10:42 am

2 Answers from Attorneys

Joseph Trevino Law Offices of Joseph A. Trevino

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

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Answered on 12/21/01, 11:03 am
Michael Hendrickson Law Office Michael E. Hendrickson

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.

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Answered on 12/21/01, 8:26 pm


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