Code of the District of Columbia

Chapter 10. Limitations on Consumers.


§ 25–1001. Drinking of alcoholic beverage in public place prohibited; intoxication prohibited.

(a) Except as provided in subsections (b) and (c) of this section, no person in the District shall drink an alcoholic beverage or possess in an open container an alcoholic beverage in or upon any of the following places:

(1) A street, alley, park, sidewalk, or parking area;

(2) A vehicle in or upon any street, alley, park, or parking area;

(3) A premises not licensed under this title where food or nonalcoholic beverages are sold or entertainment is provided for compensation;

(4) Any place to which the public is invited and for which a license to sell alcoholic beverages has not been issued under this title;

(5) Any place to which the public is invited for which a license to sell alcoholic beverages has been issued under this title at a time when the sale of alcoholic beverages on the premises is prohibited by this title or by the regulations promulgated under this title; or

(6) Any place licensed under a club license at a time when the consumption of the alcoholic beverages on the premises is prohibited by this title or by regulations promulgated under this title.

(b) Subsection (a)(1) of this section shall not apply if drinking or possession of an alcoholic beverage occurs:

(1) In or on a structure that projects upon the parking, and which is an integral, structural part of a private residence, such as a front porch, terrace, bay window, or vault, by, or with the permission of, the owner or resident; or

(2) At an event licensed by the Board.

(c) No person, whether in or on public or private property, shall be intoxicated and endanger the safety of himself, herself, or any other person or property.

(d) Any person violating the provisions of subsection (a) or (c) of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than the amount set forth in [§ 22-3571.01], or imprisoned for not more than 60 days, or both.

(e) Any person in the District who is intoxicated in public and who is not conducting himself or herself in such manner as to endanger the safety of himself, herself, or of any other person or of property shall be treated in accordance with Chapter 6 of Title 24.


(Jan. 24, 1934, 48 Stat. 333, ch. 4, § 28; Aug. 27, 1935, 49 Stat. 901, 902, ch. 756, §§ 13, 14; June 29, 1953, 67 Stat. 104, ch. 159, § 404(h); Aug. 3, 1968, 82 Stat. 618, Pub. L. 90-452, § 2(a); Sept. 29, 1982, D.C. Law 4-157, § 13, 29 DCR 3617; Dec. 3, 1985, D.C. Law 6-64, § 2, 32 DCR 5970; Mar. 26, 1999, D.C. Law 12-206, § 2(b), 45 DCR 8430; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; June 11, 2013, D.C. Law 19-317, § 284(d), 60 DCR 2064; July 17, 2014, D.C. Law 20-126, § 406, 61 DCR 3482; Apr. 7, 2017, D.C. Law 21-260, § 2(h)(1), 64 DCR 2079.)

Prior Codifications

1981 Ed., § 25-128.

1973 Ed., § 25-128.

Section References

This section is referenced in § 24-604.

Effect of Amendments

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than $500” in (d).

The 2014 amendment by D.C. Law 20-126 substituted “60 days” for “90 days” in (d).

Emergency Legislation

For temporary amendment of section, see § 2(c) of the Alcoholic Beverage Control DC Arena Emergency Amendment Act of 1997 (D.C. Act 12-121, August 1, 1997, 44 DCR 4645), § 2(c) of the Alcoholic Beverage Control DC Arena Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-174, October 30, 1997, 44 DCR 6915), and § 2(c) of the Alcoholic Beverage Control DC Arena Congressional Recess Emergency Amendment Act of 1998 (D.C. Act 12-290, February 27, 1998, 45 DCR 1749).

Temporary Legislation

Section 2(c) of D.C. Law 12-48, in (a), designated the existing text as (1) and added a new (2) to read as follows:

“(2) No person shall bring, or have in his or her possession, anywhere on the premises of the DC Arena, including space referred to in § 25-111(a) (7) (G-1), any container used to hold or store beverages or liquids of any kind, including, but not limited to, bottles and cans. This section shall not apply to a person duly authorized or licensed by the Board to possess, sell, give away, transport, or store alcoholic beverages or containers on the premises of the DC Arena, or to any employee or agency acting for any such duly authorized or licensed person, or to any container provided on the premises of the DC Arena by the lessee or its concessionaires and tenants.”

Section 5(b) of D.C. Law 12-48 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.

Section 501 of D.C. Law 20-126 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of the act.


§ 25–1002. Purchase, possession or consumption by persons under 21; misrepresentation of age; penalties.

(a) No person who is under 21 years of age shall purchase, attempt to purchase, possess, or drink an alcoholic beverage in the District, except as provided under subchapter IX of Chapter 7.

(b)(1) No person shall falsely represent his or her age, or possess or present as proof of age an identification document which is in any way fraudulent, for the purpose of purchasing, possessing, or drinking an alcoholic beverage in the District.

(2) No person shall present a fraudulent identification document for the purpose of entering an establishment possessing an on-premises retailer’s license, an Arena C/X license, or a temporary license.

(3) For the purpose of determining valid representation of age, each person shall be required to present to the establishment owner or representative at least one form of valid identification, which shall have been issued by an agency of government (local, state, federal, or foreign) and shall contain the name, date of birth, signature, and photograph of the individual; provided, that a military identification card issued by an agency of government (local, state, federal, or foreign) shall be an acceptable form of valid identification whether or not it contains the individual's signature.

(c)(1) Except as provided in paragraph (4)(D) of this subsection, any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine and suspension of driving privileges as follows:

(A) Upon the first violation, a fine of not more than $300 and suspension of driving privileges in the District for 90 consecutive days;

(B) Upon the second violation, a fine of not more than $600 and suspension of driving privileges in the District for 180 days; and

(C) Upon the third and each subsequent violation, a fine of not more than $1,000 and suspension of driving privileges in the District for one year.

(2) In lieu of proceeding to trial or disposition under paragraph (1) of this subsection, the Mayor shall offer persons who are arrested, or criminally charged by information, for a first or second violation of this section, the option of completing a diversion program authorized and approved by the Mayor. The Mayor shall determine the content of the diversion program, which may include community service and alcohol awareness and education. If the person rejects enrollment in, or fails to comply with the requirements of, or fails to complete within 6 months, the diversion program, he or she may continue to be prosecuted in accordance with paragraph (1) of this section [subsection]. The Mayor, may, at his discretion, decline to offer diversion to any person who has previously been convicted of, any felony, misdemeanor, or other criminal offense.

(3) As a condition to acceptance into a diversion program, the Mayor may request that the person agree to pay the District, or its agents, a reasonable fee, as established by rule, for the costs to the District of the person’s participation in the program; provided, that:

(A) The fee shall not unreasonably discourage persons from entering the diversion program; and

(B) The Mayor may reduce or waive the fee if the Mayor finds that the person is indigent.

(4)(A) Upon the expiration of 6 months following the date of a conviction or a dismissal of a proceeding, or upon the expiration of 6 months following the date of arrest if no information was filed, any person who was arrested for, or criminally charged by information with, any offense under this section may petition the court for an order expunging from the official records all records relating to the arrest, information, trial, conviction, or dismissal of the person; provided, that a nonpublic record shall be retained by the court and the Mayor solely for the purposes of conducting a criminal record check for persons applying for a position as a law enforcement officer or determining whether a person has previously received an expungement under this subsection.

(B) The court shall grant the petition described in subparagraph (A) of this paragraph if the petitioner has no pending charges for and has not been convicted of, any other felony, misdemeanor, or other criminal offense and if any fine imposed as a result of a conviction under this section has been paid; provided, that the court may grant the petition described in subparagraph (A) of this paragraph if, other than a conviction for a misdemeanor under this section, the petitioner has no pending charges for, and has not been convicted of, any felony, misdemeanor, or other criminal offense.

(C) Except as provided by this subsection, the effect of an expungement order shall be to lawfully restore the person receiving the expungement to the status he or she occupied before the arrest or information described in subparagraph (A) of this paragraph. No person for whom an expungement order permitted by this subsection has been entered may be held thereafter, under any provision of law, to be guilty of perjury or otherwise giving a false statement by failing to recite or acknowledge such arrest, information, trial, conviction, or dismissal for which the order permitted by this paragraph has been entered. The expungement of such records shall not relieve the person of the obligation to disclose such arrest, information, trial, conviction, or dismissal in response to a direct questionnaire or application for a position as a law enforcement officer.

(D) No person under the age of 21 shall be criminally charged with the offense of possession or drinking an alcoholic beverage under this section, but shall be subject to civil penalties under subsection (e) of this section.

(6) Failure to pay the fines set forth in paragraph (1) of this subsection shall result in imprisonment for a period not exceeding 30 days.

(7) The Metropolitan Police Department may enforce provisions of this section by issuing to a person alleged to have violated this section a citation under § 23-1110(b)(1). The person shall not be eligible to forfeit collateral.

(d) Repealed.

(e)(1) In lieu of criminal prosecution as provided in subsection (c) of this section, a person who violates any provision of this section shall be subject to the following civil penalties:

(A) Upon the first violation, a fine of not more than $300 and the suspension of driving privileges in the District for 90 consecutive days;

(B) Upon the second violation, a fine of not more than $600 and the suspension of driving privileges in the District for 180 days; and

(C) Upon the third or subsequent violation, a fine of not more than $1,000 and the suspension of driving privileges in the District for one year.

(2) ABRA inspectors or officers of the Metropolitan Police Department may enforce the provisions of this subsection by issuing a notice of civil infraction for a violation of subsections (a) and (b) of this section in accordance with Chapter 18 of Title 2. A violation of this subsection shall be adjudicated under Chapter 18 of Title 2.

(3)(A) In lieu of or in addition to the civil penalties provided under paragraph (1) of this subsection, as a civil penalty, the Mayor may require any person who violates any provision of this section to complete a diversion program authorized and approved by the Mayor. The Mayor shall determine the content of the diversion program, which may include community service, and alcohol awareness and education.

(B) As a condition to acceptance into a diversion program, the Mayor may request that the person agree to pay the District, or its agents, a reasonable fee, as established by rule, for the costs to the District of the person’s participation in the program; provided, that:

(i) The fee shall not unreasonably discourage persons from entering the diversion program; and

(ii) The Mayor may reduce or waive the fee if the Mayor finds that the person is indigent.


(Jan. 24, 1934, 48 Stat. 335, ch. 4, § 30; Feb. 24, 1987, D.C. Law 6-178, § 2(c), 33 DCR 7654; Sept. 11, 1993, D.C. Law 10-12, § 2(d), 40 DCR 4020; May 24, 1994, D.C. Law 10-122, § 2(j), 41 DCR 1658; Apr. 9, 1997, D.C. Law 11-187, § 2, 43 DCR 4515; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 26, 2001, D.C. Law 14-42, § 6(g), 48 DCR 7612; Sept. 30, 2004, D.C. Law 15-187, § 101(gg), 51 DCR 6525; Mar. 16, 2005, D.C. Law 15-220, § 2, 51 DCR 9603; Mar. 25, 2009, D.C. Law 17-353, § 189, 56 DCR 1117; Apr. 7, 2017, D.C. Law 21-260, § 2(h)(2), 64 DCR 2079.)

Prior Codifications

1981 Ed., § 25-1002.

1973 Ed., § 25-130.

Section References

This section is referenced in § 7-403 and § 23-581.

Effect of Amendments

D.C. Law 14-42 validated the previously made technical correction in subsec. (e)(2).

D.C. Law 15-187 designated the existing text of subsec. (c) as subsection (c)(1); and added par. (2) of subsec. (c).

D.C. Law 15-220 rewrote subsecs. (c) and (e), and repealed subsec. (d), which had read:

“(c)(1) Any person under 21 years of age who falsely represents his or her age for the purpose of purchasing, possessing, or drinking an alcoholic beverage shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined for each offense not more than $300; provided, that in default in the payment of the fine, the person shall be imprisoned for a period not exceeding 30 days.

“(2) Officers of the Metropolitan Police Department may enforce provisions of this section by issuing to a person alleged to have violated this section a citation under § 23-1110(b)(1). The person shall not be eligible to forfeit collateral.

“(d) In addition to the penalties provided in subsection (c) of this section, any person who violates any provision of this section shall be subject to the following penalties:

“(1) Upon the first violation, his or her driving privileges in the District shall be suspended for 90 consecutive days;

“(2) Upon the second violation, his or her driving privileges in the District shall be suspended for 180 days; and

“(3) Upon the third violation and each subsequent violation, his or her driving privileges in the District shall be suspended for one year.”

“(e)(1) As an alternative sanction to the misdemeanor penalties provided in subsection (c) of this section, a person who violates subsection (a) or (b) of this section shall be subject to the following civil penalties:

“(A) Upon the first violation, a penalty of $300;

“(B) Upon the second violation, a penalty of $600; and

“(C) Upon the third and subsequent violations, a penalty of $1,000 and the suspension of his or her driving privileges in the District for one year.

“(2) ABRA inspectors or officers of the Metropolitan Police Department may enforce the provisions of this subsection by issuing a notice of civil infraction for a violation of subsections (a) or (b) of this section in accordance with Chapter 18 of Title 2. A violation of this subsection shall be adjudicated under Chapter 18 of Title 2.”

D.C. Law 17-353, in subsec. (c)(4)(C), substituted “this paragraph” for “paragraph (4) of this paragraph”.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(d) of the Underage Drinking Emergency Amendment Act of 1994 (D.C. Act 10-236, April 28, 1994, 41 DCR 2601).

For temporary (90-day) amendment of section, see § 2 of the Underage Drinking Emergency Amendment Act of 2000 (D.C. Act 13-351, June 5, 2000, 47 DCR 5028).

For temporary (90-day) amendment of section, see § 2 of the Underage Drinking Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-412, August 14, 2000, 47 DCR 7287).

For temporary (90 day) amendment of section, see § 6(g) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3,

Temporary Legislation

Section 2 of D.C. Law 13-165 rewrote subsec. (b), and added subsecs. (d) and (e), to read as follows:

“(b)(1) No person shall falsely represent his or her age, or possess or present as proof of age an identification document which is in any way fraudulent, for the purpose of procuring or consuming an alcoholic beverage in the District.

“(2) No person shall present a fraudulent identification document for the purpose of entering a class C or D licensed ABC establishment in the District.

“(3) For the purposes of determining valid representation of age, each person shall be required to present to the ABC licensed establishment owner or representative at least one form of valid identification, which shall have been issued by an agency of government (local, state, federal, or foreign) and shall contain the name, date of birth, signature, and photograph of the individual.”.

“(d)(1) As an alternative sanction to the misdemeanor penalties provided in subsection (b-1) of this section, any person who violates subsection (b)(1) or (b)(2) of this section shall be subject to the following civil penalties:

“(A) Upon the first violation, a penalty of $300;

“(B) Upon the second violation, a penalty of $600; and

“(C) Upon the third and subsequent violations, a penalty of $1,000 and the suspension of his or her driving privileges in the District for one year.

“(2) ABC inspectors or officers of the Metropolitan Police Department may enforce the provisions of this subsection by issuing a notice of civil infraction for a violation of subsection (b)(1) or (b)(2) of this section, pursuant to the Civil Infractions Act. Adjudication of any infraction of this subsection shall be pursuant to the Civil Infractions Act.”.

“(e) The Board shall, within 60 days of the effective date of the Underage Drinking Emergency Amendment Act of 2000, promulgate regulations for the implementation and administration of the provisions of the Underage Drinking Emergency Amendment Act of 2000.”.

Section 5(b) of Law 13-165 provided that the act shall expire after 225 days of its having taken effect.


§ 25–1003. Prohibition on beverage storage containers in the DC Arena and Soccer Stadium.

(a) No person shall bring, or have in his or her possession, anywhere on the premises of the DC Arena or the Soccer Stadium, including space referred to in section § 25-114, a container used to hold or store beverages or liquids of any kind, including bottles and cans.

(b) This section shall not apply to a person licensed by the Board to possess, sell, give away, transport, or store alcoholic beverages or containers on the premises of the DC Arena or the Soccer Stadium; to an employee or agency acting for any such duly authorized or licensed person; or to a container provided on the premises of the DC Arena or the Soccer Stadium, by the lessee of the DC Arena or its concessionaires and tenants, or by the operator of the Soccer Stadium or its concessionaires and tenants.


(Jan. 24, 1934, 48 Stat. 319, Ch. 4, § 28a; as added Mar. 26, 1999, D.C. Law 12-202, § 2(c), 45 DCR 8412; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 11, 2015, D.C. Law 20-233, § 202(d), 62 DCR 438.)

Prior Codifications

1981 Ed., § 25-1003.

Effect of Amendments

The 2015 amendment by D.C. Law 20-233 would have added “and the Soccer Stadium” in the section heading; would have added “or the Soccer Stadium” in (a) and (b); and would have substituted “DC Arena or the Soccer Stadium, by the lessee of the DC Arena or its concessionaires and tenants, or by the operator of the Soccer Stadium” for “DC Arena by the lessee” in (b).

Applicability

Section 7010 of D.C. Law 22-33 repealed § 301 of D.C. Law 20-233. Therefore the amendment to this section by D.C. Law 20-233 has been implemented.

Applicability of D.C. Law 20-233: Section 301 of D.C. Law 20-233 provided (1) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (2) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (3) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.

Emergency Legislation

For temporary (90 days) repeal of § 301 of D.C. Law 20-233, see § 7010 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 § 301 of D.C. Law 20-233, see § 7010 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90-day) addition of section, see § 2(c) of the Alcoholic Beverage Control DC Arena Emergency Amendment Act of 1998 (D.C. Act 12-478, October 28, 1998, 45 DCR 8010) and § 2(c) of the Alcoholic Beverage Control DC Arena Second Emergency Act of 1998 (D.C. Act 12-551, December 24, 1998, 45 DCR 517).

For temporary (90-day) amendment of § 5 of the Alcoholic Beverage Control DC Arena Second Emergency Amendment Act of 1998 (D.C. Act 12-551, December 24, 1998, 45 DCR 517), see § 3 of the Omnibus Regulatory Reform and Alcoholic Beverage Control DC Arena Clarifying Emergency Amendment Act of 1999 (D.C. Act 13-1, January 29, 1999, 46 DCR 2284).

For temporary (90 days) amendment of this section, see § 202(d) of the Soccer Stadium Development Emergency Amendment Act of 2014 (D.C. Act 20-557, Dec. 30, 2014, 62 DCR 448, 20 STAT 4467).


§ 25–1004. Prohibition on use of watercraft under certain conditions. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-248, §§ 2, 7, 44 DCR 1242; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 2, 2007, D.C. Law 16-195, § 3(a), 53 DCR 8675; Apr. 27, 2013, D.C. Law 19-266, § 302, 59 DCR 12957.)

Prior Codifications

1981 Ed., § 25-1004.

Effect of Amendments

D.C. Law 16-195, in subsec. (a), rewrote par. (1) and repealed par. (2).

Emergency Legislation

For temporary (90-day) addition of §§ 25-127.1 through 25-127.6, see § 2-7 of the Boating While Intoxicated Emergency Act of 1996 (D.C. Act 11-346, August 8, 1996, 43 DCR 4621), § 2-7 of the Boating While Intoxicated Congressional Review Emergency Act of 1996 (D.C. Act 11-411, October 28, 1996, 43 DCR 6063) and §§ 2-7 of the Boating While Intoxicated Second Congressional Review Emergency Act of 1996 (D.C. Act 11-469, December 30, 1996, 44 DCR 179).

For temporary (90 day) amendment of section, see § 3(a) of Anti-Drunk Driving Clarification Emergency Amendment Act of 2006 (D.C. Act 16-469, July 31, 2006, 53 DCR 6764).

For temporary (90 day) amendment of section, see § 3(a) of Anti-Drunk Driving Clarification Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-518, October 27, 2006, 53 DCR 9104).

For temporary (90 day) amendment of section, see § 3(a) of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-6, January 16, 2007, 54 DCR 1452).

For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary repeal of §§ 25-1004 through 25-1009, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).

For temporary (90 days) repeal of this section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) repeal of this section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

Section 2 of D.C. Law 11-201 added §§ 25-127.1 through 25-127.6.

Section 10(b) of D.C Law 11-201 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

For present law, see § 50-1908 et seq.


§ 25–1005. Prohibition on use of watercraft under certain conditions — consent to testing. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-248, §§ 3, 7, 44 DCR 1242; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Apr. 27, 2013, D.C. Law 19-266, § 302, 59 DCR 12957.)

Prior Codifications

1981 Ed., § 25-1005.

Emergency Legislation

For temporary (90-day) addition of section, see Historical and Statutory Notes following § 25-1004.

For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary repeal of section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).

For temporary (90 days) repeal of this section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) repeal of this section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

See Historical and Statutory Notes following § 25-1004.

Editor's Notes

For present law, see § 50-1908 et seq.


§ 25–1006. Prohibition on use of watercraft under certain conditions — Preliminary testing; admissibility of test results. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-248, § 4, 44 DCR 1242; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Apr. 27, 2013, D.C. Law 19-266, § 302, 59 DCR 12957.)

Prior Codifications

1981 Ed., § 25-1006.

Emergency Legislation

For temporary (90-day) addition of section, see Historical and Statutory Notes following § 25-1004.

For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary repeal of section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).

For temporary (90 days) repeal of this section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) repeal of this section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

See Historical and Statutory Notes following § 25-1004.

Editor's Notes

For present law, see § 50-1908 et seq.


§ 25–1007. Prohibition on use of watercraft under certain conditions — Penalties. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-248, § 5, 44 DCR 1242; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Apr. 27, 2013, D.C. Law 19-266, § 302, 59 DCR 12957.)

Prior Codifications

1981 Ed., § 25-1007.

Emergency Legislation

For temporary (90-day) addition of section, see Historical and Statutory Notes following § 25-1004.

For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary repeal of section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).

For temporary (90 days) repeal of this section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) repeal of this section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

See Historical and Statutory Notes following § 25-1004.

Editor's Notes

For present law, see § 50-1908 et seq.


§ 25–1008. Prima facie evidence of intoxication. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-248, § 6, 44 DCR 1242; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 26, 2001, D.C. Law 14-42, § 6(h), 48 DCR 7612; Mar. 2, 2007, D.C. Law 16-195, § 3(b), 53 DCR 8675; Apr. 27, 2013, D.C. Law 19-266, § 302, 59 DCR 12957.)

Prior Codifications

1981 Ed., § 25-1008.

Effect of Amendments

D.C. Law 14-42, in subsec. (a)(2), inserted a comma after “test”.

D.C. Law 16-195, in the introductory language, substituted “and in the course of the trial there is received, based upon a chemical test, evidence of alcohol in the defendant’s blood, urine, or breath, such evidence:” for “the following standards shall apply to competent evidence based upon a chemical test:”; and rewrote pars. (1) and (2).

Emergency Legislation

For temporary (90-day) addition of section, see Historical and Statutory Notes following § 25-1004.

For temporary (90 day) amendment of section, see § 6(h) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3,

For temporary repeal of section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).

For temporary (90 days) repeal of this section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) repeal of this section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

See Historical and Statutory Notes following § 25-1004.

Editor's Notes

For present law, see § 50-1908 et seq.


§ 25–1009. Operation of locomotive, streetcar, elevator, or horse-drawn vehicle by intoxicated person prohibited. [Repealed]

Repealed.


(Jan. 24, 1934, 48 Stat. 333, ch. 4, § 27; Oct. 5, 1985, D.C. Law 6-42, § 455(a), 32 DCR 4450; Apr. 9, 1997, D.C. Law 11-248, § 8(a), 44 DCR 1242; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 26, 2001, D.C. Law 14-42, § 6(i), 48 DCR 7612; Apr. 27, 2013, D.C. Law 19-266, § 302, 59 DCR 12957.)

Prior Codifications

1981 Ed., § 25-1009.

1973 Ed., § 25-127.

Effect of Amendments

D.C. Law 14-42 validated the previously made technical correction in subsec. (c).

Cross References

Banks organized under federal law, application of law, see § 26-710.

Emergency Legislation

For temporary amendment of section, see § 8(a) of the Boating While Intoxicated Emergency Act of 1996 (D.C. Act 11-346, August 8, 1996, 43 DCR 4621), § 8(a) of the Boating While Intoxicated Congressional Review Emergency Act of 1996 (D.C. Act 11-411, October 28, 1996, 43 DCR 6063), and § 8(a) of the Boating While Intoxicated Second Congressional Review Emergency Act of 1996 (D.C. Act 11-469, December 30, 1996, 44 DCR 179), and § 8(a) of the Boating While Intoxicated Congressional Review Emergency Act of 1997 (D.C. Act 12-52, March 31, 1997, 44 DCR 2204).

For temporary addition of a new subchapter, consisting of §§ 25-127a.1 through 25-127a.6, see § 2-7 of the Boating While Intoxicated Congressional Review Emergency Act of 1997 (D.C. Act 12-52, March 31, 1997, 44 DCR 2204).

For temporary (90 day) amendment of section, see § 6(i) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).

For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

For temporary repeal of section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).

For temporary (90 days) repeal of this section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) repeal of this section, see § 302 of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Editor's Notes

For present law, see §§ 50-1901, 50-2201.02, and 50-2206.01.