District Of Columbia DUI Court Process

The information contained below applies only to the general criminal DUI process that typically occurs following a DC DUI arrest. Keep in mind that in addition to a criminal DUI charge, DUI/DWI offenders will also have an administrative license revocation action initiated through the D.C. Department of Motor Vehicles. For more information on the civil administrative process, click on the D.C. Driving tab.

Arraignments In Washington DC DUI Cases

The first court appearance following a DUI arrest in the District of Columbia is called an arraignment. At this hearing, DUI defendants will go before a judge who will formally read the charges that have been filed against them. They will be asked to enter a plea. If the defendant enters a plea of guilty at the arraignment, the judge will impose a sentence. If a plea of not guilty is entered, the case will be set for trial.

**NOTE - First time DUI/DWI offenders may be eligible for a pretrial diversion program. Persons with prior DWI/DUI convictions, those who refused chemical testing or had a BAC of .12 or higher and persons involved in an accident are ineligible for the program. In exchange for giving up the right to a trial and the agreement to attend drunk driving classes, the prosecutor will agree to dismiss the charges.

Pretrial Hearings In DC Drunk Driving Prosecutions

At the pretrial hearing, the defendant or his attorney will go before the court to update the judge on the status of the case. Issues with discovery and scheduling will be resolved, if necessary. A pretrial conference may take place, during which the defense attorney and prosecutor will attempt to negotiate a plea agreement. If a plea agreement is reached, it will be entered on the record. If no agreement has been made, the case will proceed to trial.

Litigating Motions In District Of Columbia DUI Court

Defense attorneys who have issues that must be resolved prior to trial will file a what is called a "motion" with the court. The most common type of motion in a DWI case is a motion to suppress evidence, such as chemical test results. Once a motion is filed, a hearing will take place. Expert witnesses may be called to testify and the defense attorney will have the opportunity to cross examine the police officers involved in the case. If a motion to suppress is granted, the evidence will not be admissible in the defendant's trial.

DUI Trials In Washington DC

DUI/DWI defendants have a right to a jury trial in Washington D.C. Some DUI/DWI offenders may wish to obtain a bench trial instead. In a bench trial, a judge will act as both judge and jury, determining issues of law as well as issues of fact. In a jury trial, the jury determines issues of fact while the judge presides over the case and resolves issues of law. Following a bench or jury trial in D.C., if the verdict is a guilty verdict, then the case will proceed to the sentencing stage where a sentence will be imposed. If a not guilty verdict is returned, then the case and all charges will be dismissed.

DC DUI Appeals Process

Following a guilty verdict, a DWI/DWI defendant is entitled to request an appeal from a higher court for review of the lower court's decision. Appeals must be made timely, however, or the right to appeal will be considered "waived".