Washington, D.C., Pretrial Diversions
When you face DWI, DUI or OWI charges, the possibility of life-changing consequences looms large. Jail time, large fines and loss of employment can all result from drunk driving charges, especially when multiple offenses or personal injury is involved.
There is, however, a legal route available to some people accused of drunk driving that may result in a dismissal of charges. The process is called "pretrial diversion." It is available to you if:
- You took an Intoxilyzer test and your blood alcohol concentration (BAC) was not higher than .12 percent
- You have never had a previous alcohol- or drug-related traffic arrest in the past
- Your charges do not involve an accident that caused personal injury
If you meet these requirements, you are likely eligible for pretrial diversion. Pretrial diversion obligates you to attend discussion classes regarding drinking and driving. If you fulfill this requirement, your case will be dismissed by prosecutors and the Department of Motor Vehicles (DMV).
Please note that in order to protect your pretrial diversion eligibility, you must present your driving record going back 15 years (or at least back to the date you were first licensed anywhere) to the prosecution. If you are able to bring such documentation with you to court, you will save yourself valuable time. If not, your case will be postponed several weeks. We can obtain this information easily if you authorize us to do so.
The final result of your charges will be a record of an arrest in Washington, D.C. Superior Court and a voluntary dismissal of the charges by the city attorney. Your driving privileges will not be suspended and you should encounter no insurance problems because the DMV is not obligated to report your charges to insurance companies unless your Washington, D.C. Operator Privilege Status is revoked. In fact, the DMV will retain no record of the charges because its policy is to enter only final suspensions of driving privileges, not pending suspensions.
Contact Us
If you are interested in learning more about pretrial diversion and possibly having your cased dismissed, please call lawyer John Spaulding at the Public Information Center for D.C. Traffic Law. We are happy to provide a full discussion of your rights and options at no charge. We are conveniently located just west of Georgetown and can be contacted at (202) 638-7500.
