Washington D.C., like other jurisdictions, has laws making it illegal to drive while under the influence of drugs or alcohol. Generally, the penalties for a conviction depend on the number of prior convictions and can include jail time, fines, and license suspension.
This article covers the basics of Washington D.C.'s impaired driving laws and the consequences you'll face for a first, second, and third conviction.
Washington D.C. has several intoxicated driving classifications. The three main categories are:
The difference between these classifications is how the prosecution must prove driver impairment. Actual driving (a car in motion) isn't a requirement for any of the three offenses—the motorist just needs to be in "actual physical control" of the vehicle. "Actual physical control" means the driver is "capable of putting the vehicle into movement or preventing its movement." (D.C. Code §§ 50-2206.11, 2206.14 (2025); Fadul v. District of Columbia, 106 A.3d 1093 (D.C. 2015).)
An OWI conviction requires proof only that the driver's ability to operate is affected by alcohol, a drug, or a combination of drugs and alcohol "in a way that can be perceived or noticed." The required proof of impairment is lower for an OWI than for a DUI (described below). (D.C. Code §§ 50-2206.01, 2206.14 (2025).)
Proving a driver was under the influence requires evidence that the driver is mentally or physically less able to exercise "the clear judgment and steady hand necessary to handle an automobile with safety." (Mills v. District of Columbia, 259 A.3d 750 (D.C. 2021).)
The District of Columbia considers a person to be intoxicated if they have a blood alcohol content (BAC) of .08% or greater (get an estimate of how many drinks it takes). The driver of a commercial vehicle will be considered intoxicated with a BAC of .04% or more. And a driver who's younger than 21 is considered intoxicated with any measurable amount of alcohol. (D.C. Code § 50-2206.01 (2025).)
Generally, the judge will decide how much jail time to impose and the amount of the fine for a drunk or drugged driving offense within the statutory limitations. These limitations depend on the circumstances of the offense and the number of prior convictions. (See below for the specific penalties for first, second, and third DUIs and DWIs.)
In Washington D.C., only OWI, DUI, and DWI violations that occurred within the last 15 years count as prior convictions for automatic sentencing enhancement. (D.C. Code § 50-2206.01 (2025).)
For a first DUI or DWI conviction in Washington D.C., the driver is generally looking at:
(D.C. Code § 50-2206.13 (2025).)
These penalties apply if the driver has no prior OWI, DUI, or DWI convictions that occurred within the past 15 years. A court also may place the driver on probation. (D.C. Code § 50-2206.01 (2025).)
For a second DUI or DWI conviction in Washington D.C., the driver is generally looking at:
These penalties apply if the driver has one prior OWI, DUI, or DWI conviction that occurred within the past 15 years. A court also may place the driver on probation. (D.C. Code §§ 50-2206.01, 2206.13 (2025).)
Second offenders are also required to complete an alcohol and drug evaluation and to comply with any recommended treatment programs. (D.C. Code § 50-2206.54 (2025).)
For a third DUI or DWI conviction in Washington D.C., the driver is generally looking at:
These penalties apply if the driver has two prior OWI, DUI, or DWI convictions that occurred within the past 15 years. A court also may place the driver on probation. (D.C. Code §§ 50-2206.01, 2206.13 (2025).)
Third offenders are also required to complete an alcohol and drug evaluation and to comply with any recommended treatment programs. (D.C. Code § 50-2206.54 (2025).)
DUIs and DWIs that include an especially high BAC or certain drugs carry more serious penalties than standard offenses.
For a first offense, drivers will receive the following additional sentence for a high BAC:
Drivers with a BAC of at least .20% will serve an additional 10 days of mandatory jail time. Drivers with a BAC of at least .25% will serve an additional 15 days of mandatory jail time. And drivers with a BAC of at least .30% will serve an additional 20 days of mandatory jail time. (D.C. Code § 50-2206.13 (2025).)
Drivers will receive the following additional sentence for a high BAC if they have one or more prior OWI, DUI, or DWI convictions:
Drivers with a BAC of at least .20% will serve an additional five days of mandatory jail time. Drivers with a BAC of at least .25% will serve an additional 10 days of mandatory jail time. And drivers with a BAC of at least .30% will serve an additional 15 days of mandatory jail time. (D.C. Code § 50-2206.13 (2025).)
Drivers who had any amount of a Schedule I controlled substance, such as heroin or cocaine, in their systems will receive an additional 15 days in jail for a first offense, 20 days for a second offense, and 25 days for a third offense. These additional jail sentences are mandatory. (D.C. Code § 50-2206.13 (2025).)
If a driver has three or more prior convictions for OWI, DUI, or DWI, the court will impose an additional 30-day mandatory jail sentence. (D.C. Code § 50-2206.13 (2025).)
The penalties for an OWI conviction are generally less severe than those for a DUI or DWI conviction.
For a first OWI conviction in Washington D.C., the driver is generally looking at:
(D.C. Code § 50-2206.15 (2025).)
These penalties apply if the driver has no prior OWI, DUI, or DWI convictions that occurred within the past 15 years. A court also may place the driver on probation. (D.C. Code § 50-2206.01 (2025).)
For a second OWI conviction in Washington D.C., the driver is generally looking at:
These penalties apply if the driver has one prior OWI, DUI, or DWI convictions that occurred within the past 15 years. A court also may place the driver on probation. (D.C. Code §§ 50-2206.01, 2206.15 (2025).)
Second offenders are also required to complete an alcohol and drug evaluation and to comply with any recommended treatment programs. (D.C. Code § 50-2206.54 (2025).)
For a third or subsequent OWI conviction in Washington D.C., the driver is generally looking at:
These penalties apply
if the driver has two or more prior OWI, DUI, or DWI convictions that occurred within the past 15 years. A court also may place the driver on probation. (D.C. Code §§ 50-2206.01, 2206.15 (2025).)
Third offenders are also required to complete an alcohol and drug evaluation and to comply with any recommended treatment programs. (D.C. Code § 50-2206.54 (2025).)
A driver who's convicted of DUI, DWI, or OWI will face additional penalties for having a minor passenger at the time of the offense. The driver will receive an additional $500 to $1,000 fine and a mandatory five days in jail for each minor in the vehicle. The jail penalty becomes ten days per child if the children are not properly restrained. (D.C. Code § 50-2206.18 (2025).)
License-related penalties can result from an OWI, DUI, or DWI conviction or refusing to take an alcohol or drug test.
Drivers convicted of an OWI, DWI, or DUI will have their licenses restricted by the department. (D.C. Code § 50-2206.55 (2025).)
The driver must install and maintain an ignition interlock device (IID) for:
(D.C. Code § 50-2201.05a (2025).)
A third OWI, DUI, or DWI conviction that occurs within five years of the priors will also result in a five-year license revocation. Any offense that involves bodily injury, death, or a felony will result in permanent license revocation. (D.C. Code §§ 50–2206.13, 2206.15, 2206.55 (2025).)
D.C.'s implied consent law states all drivers are deemed to have consented to a test of their breath, blood, or urine to determine the presence of alcohol or drugs. A driver who unlawfully refuses a test will be subject to a 12-month driver's license revocation. (D.C. Code § 50-1905 (2025).)
The refusal can also be used against the driver in a DUI trial. If the driver had a prior DUI conviction, a test refusal creates a presumption that the driver is under the influence of drugs or alcohol. (D.C. Code § 50-1905 (2025).)
The District of Columbia has a zero-tolerance policy for motorists younger than 21. An underage driver is considered intoxicated—and can be convicted of DWI—with any measurable amount of alcohol. The penalties for an underage DWI generally are the same as the penalties for a standard DWI. (See the penalties for first, second, and third offenses above.) (D.C. Code § 50-2206.01 (2025).)
A DUI, DWI, or DUI conviction in Washington D.C. carries serious consequences. So, if you've been arrested for driving under the influence, you should get in contact with a qualified DUI lawyer who can help. An experienced DUI attorney can review your case and advise you on your rights and options.