A DUI in Washington DC differs greatly from what most people would consider drunk driving. Many might be familiar with the common standard for intoxication of 0.08 Breath Alcohol Content (BAC), but few know that even responsible drivers with BAC below .08 can face criminal prosecution for drunk driving if they are deemed “impaired”.

There are three statutory classifications of drunk driving that allow prosecutors a wide range of options in charging a suspect they deem to be “impaired” while operating a vehicle. They are as follows:

• DWI:

Driving While Intoxicated, or DWI, is the act of operating a motor vehicle while one’s BAC is 0.08 or above. If the accused person is under the age of 21, any amount of alcohol constitutes a DWI. Washington DC law includes a “per se” DWI charge. This allows for the BAC level itself to justify impairment and allow the DWI charge, negating the need for demonstrated impairment, as it is assumed that you are unfit to operate a vehicle merely by the chemical ratio of alcohol in your blood.  

• DUI:

Driving Under the Influence, or DUI, is the act of operating a motor vehicle while one is “under the influence of alcohol.”

• OWI:

Operating While Impaired, or OWI, is the act of operating a motor vehicle while one's level of impairment affects their ability to drive as responsibly as they would if they were sober. Although this statute is a slightly less serious offense, it comes without a BAC standard, making any alcohol in your system a crime if the participating officer deems your driving behavior irresponsible.
   
It is important to understand how BAC is measured in order to protect your legal rights. BAC depends on a variety of factors, including the ratio of drinks per hour, the type of alcohol consumed, gender, and body weight.  Women retain less water then men, and therefore cannot dilute the alcohol content within their bloodstream to the same degree.  Body weight and a full stomach can greatly affect total BAC. Alcohol leaves the blood at an approximate rate of .015 per hour. Estimate how drinking affects your BAC by experimenting with the BAC calculator.