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.
An OWI conviction requires proof only that the driver's ability to operate is notably affected by drugs or alcohol. The required proof of impairment is lower for an OWI than for a DUI (described below).
Proving a driver was under the influence requires evidence that he or she is less able to exercise the clear judgment necessary for the operation of a vehicle.
The District of Columbia considers a person to be intoxicated if he or she has 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 under the age of 21 years old is considered intoxicated with any measurable amount of alcohol.
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.
To learn more about DUI and DWI penalties, you can jump ahead to the sections for:
These sections go into the penalties specifics.
In Washington D.C., only OWI, DUI, and DWI violations that occurred within the last 15 years count as prior convictions.
For a first DUI or DWI conviction in Washington D.C., the driver is generally looking at:
These penalties apply if the driver has no prior impaired driving offenses that occurred within the past 15 years.
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 impaired driving offense that occurred within the past 15 years.
Second offenders are also required to complete an alcohol and drug evaluation and to comply with any recommended treatment programs.
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 impaired driving offenses that occurred within the past 15 years.
DUIs and DWIs that include an especially high BAC or certain drugs carry more serious penalties than standard offenses.
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 ten days of mandatory jail time. And drivers with a BAC of at least .30% will serve an additional 15 days of mandatory jail time.
A driver who had any amount of a schedule I controlled substances, such as heroin or cocaine, in his or her system will receive an additional ten days of mandatory jail.
An offender will face additional penalties if he or she had 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.
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:
These penalties apply if the driver has no prior impaired driving offenses that occurred within the past 15 years.
For a second OWI conviction in Washington D.C., the driver is generally looking at:
These penalties apply if the driver has one prior impaired driving offense that occurred within the past 15 years.
Second offenders are also required to complete an alcohol and drug evaluation and to comply with any recommended treatment programs.
For a third OWI conviction in Washington D.C., the driver is generally looking at:
These penalties apply if the driver has two prior impaired driving offenses that occurred within the past 15 years.
License-related penalties can result from an impaired driving conviction and/or refusing to take an alcohol or drug test.
A driver convicted of an OWI, DWI, or DUI will have his or her license restricted by the department. The driver must install and maintain an ignition interlock device (IID) for:
A third offense 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.'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.
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.
A DUI conviction in Washington D.C. carries serious consquences. 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.