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District of Columbia Code Division VIII. General Laws. § 50-2206.13. Penalties for driving under the influence of alcohol or a drug.

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Except as provided in subsections (b) and (c) of this section, a person violating any provision of § 50-2206.11 or § 50-2206.12 shall upon conviction for the first offense be fined $1,000, or incarcerated for not more than 180 days, or both; provided, that:

(1) A 10-day mandatory-minimum term of incarceration shall be imposed 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; or

(2) A 15-day mandatory-minimum term of incarceration shall be imposed 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; or

(3) A 20-day mandatory-minimum term of incarceration shall be imposed if the person's alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and

(4) A 15-day mandatory-minimum term of incarceration shall be imposed if the person's blood or urine contains a Schedule I chemical or controlled substance as listed in § 48-902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.

(b) A person violating any provision of § 50-2206.11 or § 50-2206.12 when the person has a prior offense under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense shall be fined not less than $2,500 and not more than $5,000, or incarcerated for not more than one year, or both; provided, that a 10-day mandatory-minimum term of incarceration shall be imposed, and in addition:

(1) A 15-day mandatory-minimum term of incarceration shall be imposed 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; or

(2) A 20-day mandatory-minimum term of incarceration shall be imposed 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; or

(3) A 25-day. mandatory-minimum term of incarceration shall be imposed if the person's alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and

(4) A 20-day mandatory-minimum term of incarceration shall be imposed if the person's blood or urine contains a Schedule I chemical or controlled substance as listed in § 48-902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.

(c) A person violating any provision of § 50-2206.11 or § 50-2206.12 when the person has 2 or more prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense shall be fined not less than $2,500 and not more than $10,000, or incarcerated for not more than one year, or both; provided, that a 15-day mandatory-minimum term of incarceration shall be imposed, and in addition:

(1) A 20-day mandatory-minimum term of incarceration shall be imposed 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; or

(2) A 25-day mandatory-minimum term of incarceration shall be imposed 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; or

(3) A 30-day mandatory-minimum term of incarceration shall be imposed if the person's alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and

(4) A 25-day mandatory-minimum term of incarceration shall be imposed if the person's blood or urine contains a Schedule I chemical or controlled substance as defined in § 48-902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.

(d) An additional 30-day mandatory-minimum term of incarceration shall be imposed for each additional violation of any one or more provisions of § 50-2206.11 or § 50-2206.12 if the person has 3 prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense.

<Text of subsec. (d-1)(1) applicable until the date of inclusion of the fiscal effect of amendments by D.C. Law 25-161 in an approved budget and financial plan.>

(d-1)(1) In addition to any other penalty provided by law, and notwithstanding §§ 50-2201.05a and 50-2206.55(a-1)(1), a person violating any provision of § 50-2206.11 or § 50-2206.12 when the person has 2 prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 within the past 5 years and is being sentenced on the current offense shall have his or her driver's license or privilege to operate a motor vehicle in the District revoked until such time as the Department may reinstate the person's driver's license or privilege to operate a motor vehicle in the District pursuant to paragraph (2) of this subsection.

<Text of subsec. (d-1)(1) applicable upon the date of inclusion of the fiscal effect of amendments by D.C. Law 25-161 in an approved budget and financial plan.>

(1) In addition to any other penalty provided by law, and notwithstanding § 50-2201.05a, and § 50-1301.38, the sentencing judge shall, upon conviction for violating any provision of § 50-2206.11 or § 50-2206.12, when the person has been convicted of 2 prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 within the past 5 years, order the revocation of the defendant's driver's license or privilege to operate a motor vehicle in the District of Columbia until the DMV reinstates the person's driver's license or privilege to operate a motor vehicle in the District as described in paragraph (2) of this subsection, and transmit a copy of that order to the agency which issued the driver's license or privilege to operate a motor vehicle.

<Text of subsec. (d-1)(1A) applicable upon the date of inclusion of the fiscal effect of amendments by D.C. Law 25-161 in an approved budget and financial plan.>

(1A) The Department of Motor Vehicles (“DMV”) shall:

(A) Upon receipt of an order revoking a defendant's license or privilege to operate a motor vehicle pursuant to paragraph (1) of this subsection or § 50-2206.15(c-1)(1), revoke the defendant's driver's license or privilege to operate a motor vehicle within 10 business days; and

(B)(i) On January 1, 2025, and monthly thereafter submit a report to the Superior Court of the District of Columbia and the Office of the Attorney General listing the revocations of a driver's license or privilege to operate a motor vehicle the DMV has made in response to orders transmitted pursuant to paragraph (i) of this subsection since the most recent report submitted pursuant to this sub-subparagraph; and

(ii) On January 1, 2025, and every 6 months thereafter, submit to the Council committee with oversight of the DMV a report listing the number of revocations of a driver's license or privilege to operate a motor vehicle the DMV has made in response to orders transmitted pursuant to paragraph (1) of this subsection since the most recent report submitted pursuant to this sub-subparagraph; provided, that the report submitted pursuant to this sub-subparagraph shall not include any personally identifying information.

(2) A person whose driver's license or privilege to operate in the District was revoked pursuant to paragraph (1) of this subsection may, after 5 years from the date of revocation, apply to the Department for reinstatement. Upon receipt of an application, the Department may reinstate the persons driver's license or privilege to operate a motor vehicle in the District for good cause shown.

(e) The fines set forth in this section shall not be limited by § 22-3571.01.

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Cite this article: FindLaw.com - District of Columbia Code Division VIII. General Laws. § 50-2206.13. Penalties for driving under the influence of alcohol or a drug. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-viii-general-laws/dc-code-sect-50-2206-13/

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