Key Takeaways
– Hire a specialist: A DUI lawyer needs specific SFST training to challenge police tests and deep familiarity with local court procedures and personnel.
– Know your rights: You can refuse Standardized Field Sobriety Tests (SFSTs) and chemical tests (breath/urine). Refusing chemical tests has consequences but is a strategic choice.
– Challenge police evidence: Police reports often contain subjective embellishments (e.g., “thick tongue”). Urine tests in D.C. are frequently inflated due to incorrect procedures, triggering mandatory jail time.
– D.C. DUI penalties: A first offense carries a maximum of 180 days jail. OWI (Operating While Impaired) is a lesser charge (90 days max) often used in plea deals. Serious accidents are prosecuted as felonies by the U.S. Attorney’s Office.
Topics
The Firm & Its Founder
– Scrofano Law PC: A 6-attorney firm focused exclusively on criminal defense in D.C., MD, and Northern VA.
– Founder Joseph Scrofano:
– Entered defense law via the CJA panel (representing indigent clients) after the 2008 financial crisis.
– Gained deep expertise through extensive training, including the Jerry Spence Trial Lawyers College.
– Left the CJA panel in 2015 to build a private practice focused on fighting for clients’ rights.
Choosing a DUI Defense Lawyer
– Specialized Expertise:
– Subject Matter: Proven experience defending DUI cases.
– Local Court: Deep familiarity with the specific courthouse, including judges’ tendencies and prosecutors’ strategies.
– SFST Training:
– Requirement: The lawyer must have the same NHTSA certification as police officers.
– Rationale: This enables the lawyer to identify and challenge procedural errors in how officers administer the tests.
– Cost vs. Value: Bargain shopping is not recommended when liberty is at stake.
DUI Arrest: Your Rights
– Refuse SFSTs: You can politely refuse these tests.
– Rationale: They are designed for failure and scored on cues you cannot see (e.g., Horizontal Gaze Nystagmus).
– Remain Silent: You must provide ID but can decline to answer questions about your destination or activities.
– Ask “Am I free to leave?”: A “no” answer confirms you are detained, which can strengthen a later challenge to the stop.
– Refuse Chemical Tests: You have a choice, despite police pressure.
– Consequences: Refusal can lead to automatic license suspension.
– Strategic Value: Refusal removes the government’s strongest evidence (BAC score), forcing them to rely on weaker circumstantial evidence.
Challenging Police Evidence & Procedures
– SFST Administration Errors:
– Police often fail to follow NHTSA standards (e.g., incorrect pen speed, missing medical checks).
– Rationale: The NHTSA manual states results are compromised if standards are not met.
– Subjective Report Embellishments:
– Reports frequently include subjective observations like “thick tongue” or “bloodshot eyes.”
– Defense Strategy: Challenge these observations by showing they are not objective or can be explained by factors other than impairment (e.g., nervousness).
– Flawed Chemical Testing:
– Urine Tests (D.C.): Almost always inflated (>0.20 BAC). Police skip the required “first void” procedure, which clears the bladder for an accurate sample.
– Breath Tests: Vulnerable to calibration errors, mouth alcohol, and medical conditions (e.g., diabetes) that can produce false positives.
– Drug DUIs:
– Urine Tests: Show inactive metabolites (e.g., THC-COOH) that prove past use, not current impairment.
– D.C. Law: Allows conviction based on lay officer opinion of impairment, without requiring identification of a specific drug.
D.C. DUI Penalties & Prosecution
– First Offense DUI:
– Max Penalty: 180 days jail and/or $1,000 fine.
– Typical Outcome: Probation, unless aggravating factors are present.
– Operating While Impaired (OWI):
– Lesser Charge: Max 90 days jail and/or $500 fine.
– Use: Often offered in plea deals to resolve DUI cases.
– Mandatory Conditions: Conviction requires completing a court-ordered alcohol program, MADD Victim Impact Panel, and Traffic Safety Program.
– Serious Accidents:
– Prosecuting Agency: U.S. Attorney’s Office (not the local D.C. OAG).
– Charges: Felony offenses (e.g., 2nd-degree murder, assault with a deadly weapon), not just DUI.