The DC Court of Appeal in TOWNSEND v. DC on May 31, 2018, remanded a DUI (“Driving Under Influence”) conviction based on erroneous admission of scientific evidence.

Townsend was found behind the wheels of a running car partially on a curve, and on the wrong side of a street by the police officers.

As she appeared under the influence and incoherent, the officers had administered several field sobriety tests to determine or to establish drug or alcohol use.

The standardized field sobriety tests performed were….READ MORE

The Personal Mobility Devices are becoming prevalent and turning into a significant commuting and recreational use device/vehicles. There is the BYRD electric scooter, LIME, SKIP, etc.

The legal issue is whether these devices are categorized as vehicles subject to the DUI/DWI Statute and enforcement or there is an exception.

The short answer: they are categorized as vehicles subject to DUI/DWI arrest but not a motor vehicle subject to chemical testing submission.

The DC Driving Under the Influence Statute provides that:

No person shall operate or be in physical control of any vehicle in the District

1. While the person is intoxicated; or
2. While the person is under the influence of alcohol or any drug or any combination thereof…READ MORE

The Court of Appeals in Crawford v. D.C. decided on September 6, 2018, reversed a conviction for Leaving After Colliding (“LAC”) due to lack of sufficient evidence for the conviction.

The appellant had argued specifically insufficient evidence to satisfy the mens rea element of the offense, which requires that:

The appellant “know[] or ha[ve] reason to believe that his . . . vehicle has been in a collision.” D.C. Code § 50-2201.05c (a) …READ MORE

The current DC DUI laws although provide details regarding alcohol consumption and corresponding penalties associated with BAC (Blood Alcohol Content) — are silent on marijuana use, level thereof, and driving a motor vehicle while under influence of marijuana.

The DUI Statute clearly penalizes and provides minimum sentence for schedule I drugs:

Specifically the Statute provides: A 15-day mandatory-minimum term of incarceration shall be imposed if the person’s blood or urine contains a Schedule I chemical or controlled substance as listed in § 48-902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.

However there is no mention of marijuana use or penalties under the DUI or Operating While Impaired (OWI) Statutes...READ MORE.

The DC Court of Appeal in TOWNSEND v. DC on May 31, 2018, remanded a DUI (“Driving Under Influence”) conviction based on erroneous admission of scientific evidence.

Townsend was found behind the wheels of a running car partially on a curve, and on the wrong side of a street by the police officers.

As she appeared under the influence and incoherent, the officers had administered several field sobriety tests to determine or to establish drug or alcohol use.

The standardized field sobriety tests performed were:

The most prevalent form of measuring intoxication by the law enforcement is the breathalyzer. The device is designed to measure the levels of alcohol in the lungs and not in the breath. Thus a sip of alcohol and testing right after would not and should not register any measurable levels of alcohol.

Alcohol consumed however gets processed in the body. It gets absorbed from the mouth through throat and stomach and distributes into the bloodstream. Alcohol­ is not digested upon absorption and remains chemically the same in the bloodstream.

As the alcohol infused blood travels through the lunge membranes it contaminates the lung’s air sacs commonly known as “alveoli” and the alveolar air.

The blood alcohol concentration (BAC) and the alveolar air correlate and the alcohol levels correspond. Thus measuring the alcohol concentration through the alveolar air and by the breathalyzer device is an accurate way of measuring the individual’s BAC but it is not flawless. The ratio of blood to air alcohol level is approximately 2100 to one ratio. That is about 2100 milliliters (ml) of lung-air would have the same alcohol levels as 1 ml of blood.

Generally the Breathalyzer device contains:

• An intake manifold to sample the breath of the suspect
• Opposing glass vials containing the chemical reaction mixture
• Photocells elements and a meter gauge to measure the color change associated with the chemical reaction.

READ MORE.

The pertinent DC statute addressing driving a motor vehicle while under the influence also addresses leaving the scene of an accident after colliding because often drinking and driving results in accidents.

Thus this blog addresses both of these offenses in detail enumerating the statutory/legal elements for both offenses separately.

Specifically, the statute criminalizes damage to property as well as damage to an individual and also a domestic animal.

That is, any person operating a vehicle that causes “substantial damage” to another property (vehicle) and leaves without either giving assistance or without leaving his name, place or residence, and identifying information — is guilty of leaving after colliding a scene of an accident (LAC) – and upon first conviction will face:

180 days/$1000 fine, and on the second offense would potentially face up to a year/fines not more than $2500 or both if injury is to a person, if damage is to a property or a domestic animal — then the first offense 30 days/$250.00 and second 90 days/$500 fines.

In an event that there is an injury to any individual as a result of the accident, then, the law enforcement and 911 must be called and one cannot leave the scene by leaving identifying information.

Moreover, if the injury to the property or to a domestic animal caused by the accident poses a risk or danger to others, then, law enforcement must also be called and one cannot leave the scene of the accident by just leaving identifying information…READ MORE

Upon being stopped for suspected drinking and driving, and before being administrated or submitting to alcohol/drug detection devices, the police officer has to inform you explicitly as to your right to refuse test submission pursuant to DC Implied Consent Act.

DC Statute Sec. 50-1905 makes it clear that refusal to submit to two chemical tests pursuant to Sec. 15-1902 (blood, urine, or breath), will result in an automatic suspension of the driving privileges in the District for a period of 12 months. Before suspension, the arresting officer has to submit an affidavit stating that the implied consent act was explained, and thereafter submission refused knowingly. To prevent the automatic suspension, for DC residents, there has to be a written formal request to DMV (Department of Motor Vehicles), within 10 days and for non DC residents, 15 days. At the DMV administrative hearing, evidence can be presented to rebut automatic suspension especially if the criminal case has been dismissed, or a verdict of non-guilty is obtained.

On the criminal side, refusal has more impact. Generally but not always, eliminates the first time offender treatment – the diversion program. The diversion program allows in certain cases dismissal of the criminal case after completing certain diversionary measures, such as alcohol treatment/awareness programs, community service, etc.

Moreover, refusal to submit is admissible in the case in chief on both the criminal and civil proceedings as evidence of guilt.