Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(a) For the purposes of this section, the term “covered offense” means:
(1) Driving under the influence (DUI) of alcohol or a drug, as described in § 50-2206.11;
(2) Driving under the influence of alcohol or a drug; commercial vehicle, as described in § 50-2206.12;
(3) Operating a vehicle while impaired, as described in § 50-2206.14;
(4) Refusal to submit to chemical testing as required under § 50-1904.02; or
(5) Any other offense or conduct committed in another jurisdiction, including foreign jurisdictions and military jurisdictions, which, if committed in the District of Columbia, would be one of the offenses listed in paragraphs (1) through (4) of this subsection.
(b) There is established within the Department of Motor Vehicles (“DMV”) an Ignition Interlock Program that shall install, and monitor compliance with, ignition interlock systems in the vehicle of any person:
(1) Found to have committed a covered offense as described in subsections (c) through (f) of this section; or
(2) Convicted of an offense requiring enrollment as a condition of reinstatement pursuant to § 50-1301.38(a)(4).
(c) Law enforcement officers shall for any person the officer has probable cause to believe committed a covered offense:
(1) Immediately provide notice to the person, that:
(A) The DMV shall seek the revocation of the person's license and, for a person with a license issued by the DMV, require that the person enroll in the Ignition Interlock Program established pursuant to subsection (b) of this section to receive a restricted license;
(B) The person has 10 business days from receipt of the notice to request a hearing with the DMV to contest the revocation of their license or the requirement to enroll in the Ignition Interlock Program; and
(C) Failure to request a hearing within 10 business days shall result in the immediate revocation of the person's license; except, that the person may receive a restricted license if they are permitted to, and enroll in, the Ignition Interlock Program; and
(2) Within 72 hours provide the DMV with:
(A) The driver's name and license information;
(B) The officer's name and badge number;
(C) A description of the covered offense for which the officer has probable cause: and
(D) Hearing dates and times for which the officer is available.
(d)(1) A person who has received notice of the DMV's proposed revocation of their license or requirement to enroll in the Ignition Interlock Program as described in subsection (c)(1) of this section may request a hearing with the DMV within 10 business days after being provided notice.
(2) For the purposes of this subsection, the person shall be considered to have been provided notice upon receipt of a letter containing the information described in subsection (c)(1) of this section that is either:
(A) Hand delivered to the person; or
(B) Delivered by certified mail to the address listed on the person's license.
(e) The DMV, upon receipt of the information from the Metropolitan Police Department as described in subsection (c)(2) of this section, or from any agency that issues licenses in another state, shall:
(1) If the person has requested a hearing within 10 business days, schedule a hearing within 10 business days from the date of the person's request or, if extenuating circumstances exist, 30 business days; or
(2) If the person has not requested a hearing within 10 business days, revoke the person's license; except, that the person may receive a restricted license if they are permitted to, and enroll in, the Ignition Interlock Program.
(f)(1) At any hearing scheduled pursuant to subsection (e)(1) of this section, the DMV shall determine whether, by clear and convincing evidence, the person committed a covered offense and the person's participation in the Ignition Interlock Program will adequately ensure for the safety of the person and the public.
(2) If the DMV determines that the person committed the covered offense at issue, the DMV shall revoke the person's license.
(3) If, after determining that the person committed the covered office at issue, the DMV determines that the person's participation in the Ignition Interlock Program will:
(A) Adequately ensure the safety of the person and the public, the DMV shall require the person to enroll in the Ignition Interlock Program for the periods described in subsection (h) of this section as a condition for obtaining and maintaining a restricted license; or
(B) Not adequately ensure the safety of the person and the public, the person shall not be permitted to enroll in the Ignition Interlock Program and the person's license shall remain revoked for the periods described in subsection (h) of this subsection.
(4) If the DMV determines that the person did not commit the covered offense at issue, the DMV shall not take any action on the person's license.
(g)(1) Upon receipt of notice of a person who must enroll in the Ignition Interlock Program pursuant to subsection (b)(2) of this section, the DMV shall:
(A) Require the person's enrollment in the Ignition Interlock Program as a condition for obtaining and maintain a restricted license;
(B) Permit the person to enroll in the Ignition Interlock Program;
(C) Revoke the person's license and issue the person a restricted license that notes their participation in the Ignition Interlock Program and the requirements thereof; and
(D) Not issue the person a license, other than a restricted license as described in subparagraph (A), until the person successfully completes a period of enrollment as described in subsection (h) of this section.
(2)(A) The DMV shall provide notice to the person of the requirements of paragraph (1) of this subsection.
(B) For the purposes of this paragraph, the person shall be considered to have been provided notice upon receipt of a letter containing the information required by subparagraph (A) of this paragraph that is either:
(i) Hand delivered to the person; or
(ii) Delivered by certified mail to the address listed on the person's license.
(h)(1) A person's license shall remain revoked pursuant to subsection (f)(2) or subsection (g)(1)(C) of this section, and a person's enrollment in the Ignition Interlock Program shall remain a condition for obtaining and maintain a restricted license pursuant to subsection (f)(3)(A) or subsection (g)(1)(A) of this section, for the following periods:
(A) For the first commission of a covered offense or conviction requiring enrollment, one year;
(B) For the second commission of a covered offense or conviction requiring enrollment, 2 years;
(C) For the third commission of a covered offense or conviction requiring enrollment, 3 years; and
(D) For a fourth or subsequent commission of a covered offense or conviction requiring enrollment, indefinitely.
(2) The DMV shall consider both previous commissions of a covered offense and previous convictions requiring enrollment under subsection (b) of this section when computing the period of enrollment required by paragraph (1) of this subsection.
(3) When determining whether a person has been enrolled in the Ignition Interlock Program for the period required by paragraph (1) of this subsection, the DMV shall give credit to the person for any time spent enrolled in that program, prior to the person's conviction, for the same conduct that is the basis of the conviction for which the person is required to enroll in the program pursuant to paragraph (1) of this subsection.
(i) A person enrolled in the Ignition Interlock Program pursuant to subsection (f)(3)(A) or subsection (g)(1)(A) of this section shall:
(1) Install an ignition interlock system on each motor vehicle owned by or registered to the person; and
(2) Not operate a motor vehicle that is not equipped with a functioning, certified ignition interlock system.
(j) If a person fails to comply with the Ignition Interlock Program's requirements as described in subsection (i) of this section, the DMV shall immediately revoke the person's restricted license and:
(1) For a person required to enroll in the program pursuant to § 50-1301.38(a)(4) as a condition of reinstatement, prohibit the person from re-enrolling in the Ignition Interlock Program for 6 months; or
(2) For any other person, prohibit the person from re-enrolling in the Ignition Interlock Program.
(k)(1) A person enrolled in the Ignition Interlock Program shall pay all costs associated with enrolling and participating in the Ignition Interlock Program except in cases where the Ignition Interlock Program determines the person is indigent as described in paragraph (2) of this subsection.
(2)(A) Before a participant enrolls in the Ignition Interlock Program, the DMV shall determine whether a participant is indigent.
(B) If a participant is determined to be indigent, the DMV shall pay all costs associated with that person's enrollment and participation in the Ignition Interlock Program for one year resulting from the first commission of a covered offense.
(3) For the purposes of paragraph (2) of this subsection, the term “indigent” means a person who receives an annual income, after taxes, of 150% or less of the federal poverty guidelines as updated periodically in the Federal Register by the United States Department of Health and Human Services pursuant to section 673(2) of the Community Services Block Grant Act, approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2)).
Cite this article: FindLaw.com - District of Columbia Code Division VIII. General Laws. § 50-2201.05a. Establishment of Ignition Interlock System Program. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-viii-general-laws/dc-code-sect-50-2201-05a/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)