DUI and OWI in the District of Columbia - What Gives?

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Typical Charge in DC

You got a driving under the influence charge in DC, but you also got a charge called OWI. Why do I have the two charges? My name is Mark Rollins, and I am a DUI lawyer here in the District of Columbia. You’re asking yourself, why do I have two charges on my charging document? It says, DWI, and it also says OWI.

                        When you’re charged with driving under the influence, the government has to prove two things. One, that you were physically operating the car and in control of the car. Second, they need to prove that while you were operating the car, that you were impaired by either drug or alcohol. The penalty for DUI is 180 days and/or $1,000 fine. The prosecution usually charges a second offense. It’s a just-in-case offense called Operating While Impaired, OWI.

                        It carries a lighter penalty of 90 days and/or $500 fine. The prosecution only needs to prove that the defendant, you were operating the vehicle while consuming an intoxicating liquor. They don’t need breath scores to prove OWI, so if your attorney knocks out the breath scores the government still may try to try you on OWI because it’s separate and distinct. Although they are closely related, it’s not a lesser included offense, but you cannot be punished for the same charge.

                        In other words, if you go to trial, and you have those two charges on your docket, and you’re charged with DUI and OWI, the government will dismiss the OWI before they proceed with trial. Now, where does OWI really come into play? It comes into play usually in plea agreements. Typically, the government will give you a plea offer to OWI if your breath scores are low, like 0.08 to 0.12. They may give you an OWI plea.

                        Now, it’s not really a good plea offer when you’re given a plea offer that says plead guilty to DUI and we’ll dismiss OWI because they would’ve had to do that at trial anyway. The benefit that you plead early is that you’re not wasting a lot of court’s time. That’s the only benefit you’re really getting out of it. When you get that on your plea paperwork that says that they’ll dismiss the OWI, it’s not really that great of a plea because they would’ve had to do that at trial anyway.

            If you have any more questions about this, you can feel free to contact us. My office telephone number is 202-455-5610. You can always call us for a free consultation and we’d be more than happy to talk to you about the difference between OWI and DUI in the District of Columbia. Anyway, thanks for watching and please subscribe to our channel. Thanks.