Washington D.C.'s DUI Laws and Penalties

Learn about the penalties for first, second, and third OWI/DUI in the District of Columbia.

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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's D.C.'s DUI, DWI, and OWI Laws

Washington D.C. has several intoxicated driving classifications. The three main categories are:

  • operating while impaired by drugs or alcohol (OWI)
  • driving while intoxicated (DWI), and
  • driving while under the influence (DUI) of drugs or alcohol.

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.

How D.C. Law Defines "Impairment"

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).

How D.C. Law Defines "Under the influence"

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.

How D.C. Law Defines "Intoxication"

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.

Washington D.C. OWI, DUI, and DWI Penalties

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.

How Washington D.C. Counts Prior DUI Convictions

In Washington D.C., only OWI, DUI, and DWI violations that occurred within the last 15 years count as prior convictions.

Fines and Jail Time for a 1st, 2nd, and 3rd DUI or DWI in D.C.

DUIs and DWI—the more serious of the offenses—carry the same penalties.

1st Offense

2nd Offense

3rd Offense

Jail

Up to 180 days

10 days to 1 year

15 days to 1 year

Fines

$1,000

$2,500 to $5,000

$2,500 to $10,000

Enhanced Penalties for an Elevated BAC in D.C.

Drivers with a BAC of at least .20% will serve an additional five days mandatory jail time. Drivers with a BAC of at least .25% will serve an additional ten days mandatory jail time. And drivers with a BAC of at least .30% will serve an additional 15 days mandatory jail time.

Enhanced Penalties for Certain Drugs in D.C.

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.

Fines and Jail Time for a 1st, 2nd, and 3rd OWI in D.C.

The penalties for the lower-standard OWI will likewise be determined by the judge pursuant to statutory guidelines.

1st Offense

2nd Offense

3rd Offense

Jail

Up to 90 days

5 days to 1 year

10 days to 1 year

Fines

$500

$1,000 to $2,500

$1,000 to $5,000

D.C. Enhancements and Penalties Applicable to OWIs, DWIs, and DUIs

Commercial drivers. Commercial vehicle drivers convicted of an OWI, DWI, or DUI must serve five days imprisonment in addition to any other penalties.

Substance abuse treatment. A second-offense OWI, DWI, or DUI requires the offender to complete an alcohol and drug evaluation and to comply with any recommended treatment programs.

Vehicle impoundment. For any alcohol offense, the driver's vehicle will be impounded for 24 hours after the arrest.

Minor passengers. An OWI, DWI, or DUI 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.

Driver's License Revocation for an OWI, a DWI, or a DUI in D.C.

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:

  • six months for a first offense
  • one year for a second offense, and
  • two years for a third offense.

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.

Washington D.C.'s Implied Consent Law

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.

Talk to a Washington D.C. DUI Lawyer

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.

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By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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