§ 50–2201.05a. Establishment of Ignition Interlock System Program.

(a) For the purposes of this section, the term "covered offense" means:

(1) A violation of § 50-2206.11, § 50-2206.12, or § 50-2206.14; or

(2) Driving a motor vehicle in another jurisdiction, including foreign jurisdictions and military jurisdictions, while under the influence of intoxicating liquor or a narcotic drug or under the influence of any other drug to a degree that renders the driver incapable of safely driving a motor vehicle.

(b) Except as provided in §§ 50-2206.13(d-1), 50-2206.15(c-1), and 50-2206.55(a-1)(2), a person who holds a driver's license issued by the District and commits a covered offense shall enroll in the Ignition Interlock System Program ("Program") established by this section for:

(1) Upon the first commission of a covered offense, a period of 6 months;

(2) Upon the second commission of a covered offense, a period of one year; and

(3) Upon the third or subsequent commission of a covered offense, a period of 2 years.

(b-1) A person required to participate in the Program pursuant to § 50-1403.01(a) shall enroll in the Program for a period of time to be determined by the Mayor.

(b-2) Not Funded.

(b-3)(1) A person who holds a driver's license issued by the District and refuses to provide a specimen for chemical testing in violation of § 50-1904.02, or a substantially similar law of another jurisdiction, shall enroll in the Program established by this section for:

(A) A period of one year, if the person has never previously committed a covered offense and has never refused to provide a specimen for chemical testing in violation of § 50-1904.02, or a substantially similar law of another jurisdiction;

(B) A period of 2 years, if the person has previously committed one covered offense or refused to provide a specimen for chemical testing one time in violation of § 50-1904.02, or a substantially similar law of another jurisdiction; and

(C) A period of 3 years, if the person has previously committed 2 or more covered offenses or has refused to provide a specimen for chemical testing 2 or more times in violation of § 50-1904.02, or a substantially similar law of another jurisdiction.

(2) Notwithstanding subsection (b) of section, if a person refuses to provide a specimen for chemical testing in violation of § 50-1904.02, or a substantially similar law of another jurisdiction, during the same occurrence that gave rise to the commission of a covered offense, the timeframes described in this subsection shall apply.

(1) Not operate a motor vehicle that is not equipped with a functioning, certified ignition interlock system for a period of time, not to exceed the period of license restriction set forth in subsection (b) of this section; and

(2) Install an ignition interlock system on each motor vehicle owned by or registered to the person.

(c-1) The driver's license of a person required to enroll in the Program shall be suspended until the person enrolls in the Program.

(d)(1) For the duration of the person's participation in the Program, the Department shall issue to the offender a restricted license which shall appropriately set forth the restrictions required by this section and regulations issued pursuant to this section.

(2) The Department may revoke the participant's operator's permit or issue a civil fine for failing to comply with the requirements of the Program.

(e)(1) Except as provided in paragraph (2) of this subsection, a participant in the Program shall pay all costs associated with enrolling and participating in the Program.

(2) Before a participant enrolls in the Program, the Department shall determine whether a participant is indigent. If a participant is determined to be indigent, the Department shall pay all costs associated with that person's enrollment and participation in the Program.

(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).

(f) A person violating subsection (c) of this section shall be fined no more than the amount set forth in § 22-3571.01 or incarcerated for no more than one year, or both.

(Mar. 3, 1925, 43 Stat. 1124, ch. 443, § 10a; as added Apr. 3, 2001, D.C. Law 13-238, § 2(b), 48 DCR 602; Apr. 20, 2013, D.C. Law 19-258, § 2, 60 DCR 1080; Oct. 8, 2016, D.C. Law 21-155, § 701, 63 DCR 10143; Mar. 29, 2018, D.C. Law 22-77, § 3(c), 65 DCR 1555; Dec. 23, 2020, D.C. Law 23-158, § 8(e), 67 DCR 13057; Mar. 10, 2023, D.C. Law 24-308, § 2, 70 DCR 1039; Apr. 20, 2024, D.C. Law 25-161, § 4(d), 71 DCR 2248.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-258 rewrote (a).

Applicability

Applicability of D.C. Law 25-161: § 8 of D.C. Law 25-161 provided that the change made to this section by § 4(d) of D.C. Law 25-161 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 23-158: § 14 of D.C. Law 23-158 provided that the change made to this section by § 8(e) of D.C. Law 23-158 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7015 of D.C. Law 22-33 repealed § 901 of D.C. Law 21-155. Therefore the changes made to this section by D.C. Law 21-155 have been implemented.

For requirement that section 701 of Law 21-155 shall apply upon the issuance of mayoral rules, see § 704 of D.C. Law 21-155.

Applicability of D.C. Law 21-155: § 901 of D.C. Law 21-155 provided that the modification of subsection (e)(2) of this section by § 701 of D.C. Law 21-155 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 901 of D.C. Law 21-155, see § 7015 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 901 of D.C. Law 21-155, see § 7015 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

Delegation of Authority

Delegation of Authority Over an Ignition Interlock Device Program Pursuant to the D.C. Traffic Act of 1925, see Mayor’s Order 2002-72, April 19, 2002 ( 49 DCR 3736).