Why The Police Pull You Over

There are four general reasons why you could be pulled over:

1. The police officer has witnessed you committing a moving violation of the traffic law
2. The police officer has observed an equipment malfunction on your vehicle - broken headlight, taillight, windshield broken, etc.
3. The police officer believes that your vehicle or you (as the driver or passenger) match a description of a wanted person or vehicle connected with the investigation of a crime
4. Impartial enforcement activity is on‑going, such as Drunk Driver Check Points

Other than a valid check point, the police are restricted to stopping you only when they have probable cause.

A moving violation of the traffic law could occur if you: (1) exceed the speed limit; (2) drive the wrong way on a one way street; (3) sit at a green light; (4) run a red light; (5) weave your car excessively; (6) drive into the other lane; (7) drive on the curb; (8) hit the curb as you drive; (9) make an illegal turn; (10) brake frequently; (11) hit, or nearly hit parked cars, pedestrians or anything else; (12) drive too slow for conditions; (13) drive with your headlights off at night or during the rain; (14) don’t use your turn signals; (15) sleep in your running car on the street; (16) tailgate or (17) drive on the sidewalk.

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General Traffic Stop

In any traffic stop you have civil rights that must be respected. Preparation is the key to keeping any government official from infringing on your rights.

1. Always make sure that your car does not have personal items lying around. First of all it is safer and secondly the police do not need a warrant to arrest you for items in plain view. The other easy step to take is to make sure that you don’t have any equipment malfunctions.
    
2. Be a good citizen by acting courteous. You are not there to challenge the police or make them want to arrest you. At night if you are stopped, immediately turn on your dome light, roll down your window and keep your hands on your steering wheel. Don’t reach for any papers until the police ask you for specific information. If you have prepared, your license, registration and proof of insurance are easily accessible and will be in a spot where none of your other personal items are stored.
    
3. If the officer asks why you were pulled over state honestly, “NO.” You are not a mind reader. Never apologize to an officer as that would be an admission that you did something wrong.
    
4. Never volunteer any information.
    
5. If the police request your license, registration and insurance card, provide it to them. Refer to the police as “Officer.”
    
6. If the officer writes you a ticket - remain silent. The officer is not a judge. Save your argument for court. Listen to the officer’s instruction on paying the fine or contesting the ticket, and then drive away.
    
7. Never consent to a search. The Fourth Amendment protects you against unreasonable searches and seizures. If the officer requests your consent, they likely do not have probable cause to search your vehicle. Even if you have nothing to hide, never consent to a search.
    
8. The police are not required to tell you that you can refuse their request to search. They can also use means to try to get you to let them search. Preparation is the key. Practice “I do not consent to a search.” If you say that any property is not yours, the police may be able to search the property if no one else claims it.
   
   If the police say “would you mind if I search your vehicle, please?” Practice “I do not consent to a search of my vehicle.” If the police say “I could get a warrant.” Ask “am I free to leave.” If not, request a lawyer.
   
   Do not stand by if the police start to search your property. State “I do not consent to any search of myself or my personal property.”
   
   The Constitution was written for you and all American Citizens. Stand up for all citizens by demanding your Fourth Amendment rights.
    
9. The Fifth Amendment. After you provide your name and address you have the right to leave - unless you are being arrested or the police take you into custody. The general rule is that you don't have to answer any questions that the police ask you. This rule comes from the Fifth Amendment to the U.S. Constitution, which protects you against self‑incrimination. When you want to leave, ask “Am I free to go?”
   
   If the officer says yes, leave the area immediately. If the officer does not answer ask “are you detaining me or can I go?” If the officer detains you or arrests you, the only information you should give without a lawyer present is your name and address. If you can’t afford a lawyer, one will be appointed to you.
    
10. Never answer any questions without your lawyer present. The police build their cases by people giving them information. It is your right not to incriminate yourself. You should respect the constitution and refuse to answer any questions without a lawyer present. Practice: "I need to speak with a lawyer prior to answering your questions.”
     
11. If you chose to give up your rights and make your chances of being convicted a crime increase by answering questions, remember it is against the law to lie to the police.
     
12. Never physically resist. Just practice: “I am not resisting arrest and I do not consent to any searches.” Or you may assert your rights by simply saying nothing until you can speak with an attorney.
     

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DWI Law In The District of Columbia

The D.C. preliminary breath test at the scene is voluntary. You should always refuse to take the test.

If the law enforcement officer who has reasonable grounds to believe that a person is or has been driving under the influence, he may request the person to submit to a preliminary breath test, to be administered by the officer.

Before administering the test, the officer shall advise the person to be tested that the test is voluntary and that the results of the test will be used to aid in the officer's decision whether to arrest the person.

The results of the preliminary breath test shall be used by the officer to aid in the decision whether to arrest the person. Except as provided in subsection (d) of this section, the results of the test shall not be used as evidence by the District in any prosecution, and shall not be admissible in any judicial proceeding.

The results of the test may be used, and shall be admissible, in any judicial or other proceeding in which the validity of the arrest or the conduct of the officer is an issue.

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The Law - DWI/OWI

In the District of Columbia it is illegal to operate or be in physical control of any vehicle in the District:

(I) When the person's alcohol concentration at the time of testing is 0.08 grams or more either per 100 milliliters of blood or per 210 liters of breath or is 0.10 grams or more per 100 milliliters of urine;

(II) While under the influence of intoxicating liquor or any drug or any combination thereof; or

(III) If under 21 years of age, when the person's blood, breath, or urine contains any measurable amount of alcohol.

(A) The punishment for the first offense is a fine of $300 and may be imprisoned for not more than 90 days. In addition, if the person's alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine, but was not more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath, or was not more than 0.32 grams per 100 milliliters of urine, the person shall be imprisoned for a mandatory minimum period of 5 days, or if the person's alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or 0.32 grams per 100 milliliters of urine, the person shall be imprisoned for an additional mandatory minimum period of 10 days, which mandatory minimum period shall not be suspended by the court.

(B) Upon conviction for the second offense within a 15‑year period, an individual shall be fined an amount not less $1,000 and not more than $5,000 and sentenced for a period of imprisonment of not less than 5 days, which must be imposed and not suspended, and not more than one year, or required to perform at least 30 days of community service. In addition, if the person's alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine, but was not more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath, or was not more than 0.32 grams per 100 milliliters of urine, the person shall be imprisoned for an additional minimum mandatory period of 10 days or if the person's alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or more than 0.32 grams per 100 milliliters of urine, the person shall be imprisoned for an additional mandatory minimum period of 20 days; which additional mandatory minimum periods shall not be suspended by the court.

(C) Upon conviction for the third or any subsequent offense within a 15‑year period, an individual shall be fined an amount not less than $2,000 and not more than $10,000 and either sentenced for a period of imprisonment of not less than 10 days, which must be imposed and not suspended, and not more than one year, or required to perform at least 60 days of community service. In addition, if the person's alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine, but was not more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath, or was not more than 0.32 grams per 100 milliliters of urine, the person shall be imprisoned for an additional minimum mandatory period of 15 days, or if the person's alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or 0.32 grams per 100 milliliters of urine, the person shall be imprisoned for a mandatory minimum period of 25 days, which additional mandatory minimum periods shall not be suspended by the court.

(D) In addition to the penalties otherwise authorized, if the driver was transporting a person 17 years of age or younger shall be fined an additional minimum of $500 and not more than $1000 and sentenced to perform 48 hours of community service benefiting children or, for a subsequent offense, 80 hours of community service in such program.
 

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Operating While Impaired (OWI)

(2) No person shall, while the person's ability to operate a vehicle is impaired by the consumption of intoxicating liquor, operate or be in physical control of any vehicle in the District. Any person violating any provision of this paragraph, upon conviction for the first offense, unless the person has previously been convicted for a violation of paragraph (1) of this subsection, shall be fined not less than $200 and not more than $300 and may be imprisoned for not more than 30 days; upon conviction for the second offense, or for the first offense following a previous conviction for a violation of paragraph (1) of this subsection, within a 15‑year period, shall be fined an amount not less than $300 and not more than $500 and either sentenced for a period of imprisonment of not less than 5 days, which must be imposed and not suspended, and not more than one year or required to perform at least 30 days of community service; and, upon conviction for the third or any subsequent offense, or for the second offense following a previous conviction for a violation of paragraph (1) of this subsection, within a 15‑ year period, shall be fined an amount not less than $1,000 and not more than $5,000 and either sentenced for a period of imprisonment of not less than 10 days, which must be imposed and not suspended, and not more than one year or required to perform at least 60 days of community service.
 

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