DWI applies to a person having a statutorily prohibited blood alcohol concentration (BAC) of .08 or higher. You can be convicted in court based solely on the breath, blood or urine results without any structured field sobriety test.

Driving Under the Influence (DUI)

DUI applies to a person having a blood alcohol concentration of .07 percent or lower. Under DC Code, a driver can be charged with a DUI offense if, in addition to a BAC reading, the officer has other signs of impairment from a structured field sobriety test and from observations of the suspect’s driving behavior.

A first offense for DWI can result in jail time of up to 180 day and/or a fine of $1,000.   A full list of the penalties can be found here on the DC Metropolitan Police Department website.

Every situation and state is unique, please consult with your attorney or your state licensing authority to confirm your requirements and obligations.

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