Code of the District of Columbia

Part B. Operating a Vehicle.


§ 50–2206.11. Driving under the influence (DUI) of alcohol or a drug.

No person shall operate or be in physical control of any vehicle in the District:

(1) While the person is intoxicated; or

(2) While the person is under the influence of alcohol or any drug or any combination thereof.


(Sept. 14, 1982, D.C. Law 4-145, § 3b; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Section References

This section is referenced in § 50-1905, § 50-2201.05a, § 50-2206.13, § 50-2206.15, § 50-2206.51, § 50-2206.54, § 50-2206.55, and § 50-2206.56.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this part, see § 103(e)(3) of the 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 (90 days) addition of this part, see § 103(e)(3) 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 12774).

For temporary (90 days) addition of this section, see § 103(e)(3) 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) addition of this section, see § 103(e)(3) 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).


§ 50–2206.12. Driving under the influence of alcohol or a drug; commercial vehicle.

No person shall operate or be in physical control of any commercial vehicle in the District:

(1) While the person is intoxicated; or

(2) While the person is under the influence of alcohol or any drug or any combination thereof.


(Sept. 14, 1982, D.C. Law 4-145, § 3c; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Section References

This section is referenced in § 50-1905, § 50-2201.05a, § 50-2206.13, § 50-2206.15, § 50-2206.17, § 50-2206.51, § 50-2206.54, § 50-2206.55, and § 50-2206.56.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) 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) addition of this section, see § 103(e)(3) 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).


§ 50–2206.13. Penalties for driving under the influence of alcohol or a drug.

(a) Except as provided in subsections (b) and (c) of this section, a person violating any provision of § 50-2206.11 or § 50-2206.12 shall upon conviction for the first offense be fined $1,000, or incarcerated for not more than 180 days, or both; provided, that:

(1) A 10-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine; or

(2) A 15-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or 0.32 grams per 100 milliliters of urine; or

(3) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and

(4) A 15-day mandatory-minimum term of incarceration shall be imposed if the person’s blood or urine contains a Schedule I chemical or controlled substance as listed in § 48-902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.

(b) A person violating any provision of § 50-2206.11 or § 50-2206.12 when the person has a prior offense under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense shall be fined not less than $2,500 and not more than $5,000, or incarcerated for not more than one year, or both; provided, that a 10-day mandatory-minimum term of incarceration shall be imposed, and in addition :

(1) A 15-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine; or

(2) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or more than 0.32 grams per 100 milliliters of urine; or

(3) A 25-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and

(4) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s blood or urine contains a Schedule I chemical or controlled substance as listed in § 48-902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.

(c) A person violating any provision of § 50-2206.11 or § 50-2206.12 when the person has 2 or more prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense shall be fined not less than $2,500 and not more than $10,000, or incarcerated for not more than one year, or both; provided, that a 15-day mandatory-minimum term of incarceration shall be imposed, and in addition:

(1) A 20-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was at least 0.20 grams per 100 milliliters of blood or per 210 liters of breath, or was at least 0.25 grams per 100 milliliters of urine; or

(2) A 25-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.25 grams per 100 milliliters of blood or per 210 liters of breath or 0.32 grams per 100 milliliters of urine; or

(3) A 30-day mandatory-minimum term of incarceration shall be imposed if the person’s alcohol concentration was more than 0.30 grams per 100 milliliters of blood or per 210 liters of breath or 0.39 grams per 100 milliliters of urine; and

(4) A 25-day mandatory-minimum term of incarceration shall be imposed if the person’s blood or urine contains a Schedule I chemical or controlled substance as defined in § 48-902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs.

(d) An additional 30-day mandatory-minimum term of incarceration shall be imposed for each additional violation of any one or more provisions of § 50-2206.11 or § 50-2206.12 if the person has 3 prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense.

(d-1)(1) In addition to any other penalty provided by law, and notwithstanding §§ 50-2201.05a, and 50-2206.55(a-1)(1), a person violating any provision of § 50-2206.11 or § 50-2206.12 when the person has 2 prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 within the past 5 years and is being sentenced on the current offense shall have his or her driver's license or privilege to operate a motor vehicle in the District revoked until such time as the Department may reinstate the person's driver's license or privilege to operate a motor vehicle in the District pursuant to paragraph (2) of this subsection.

(2) A person whose driver's license or privilege to operate in the District was revoked pursuant to paragraph (1) of this subsection may, after 5 years from the date of revocation, apply to the Department for reinstatement. Upon receipt of an application, the Department may reinstate the persons driver's license or privilege to operate a motor vehicle in the District for good cause shown.

(e) The fines set forth in this section shall not be limited by § 22-3571.01.


(Sept. 14, 1982, D.C. Law 4-145, § 3d; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 113(f)(1), 59 DCR 12957; Oct. 8, 2016, D.C. Law 21-155, § 702(a), 63 DCR 10143; Mar. 29, 2018, D.C. Law 22-77, § 4(a), 65 DCR 1555.)

Section References

This section is referenced in § 50-2206.17.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

The 2013 amendment by D.C. Law 19-317 added (e).

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) 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) amendment of this section, see § 113(f)(1) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) addition of this section, see § 103(e)(3) 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

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.


§ 50–2206.14. Operating a vehicle while impaired.

No person shall operate or be in physical control of any vehicle in the District while the person’s ability to operate or be in physical control of a vehicle is impaired by the consumption of alcohol or any drug or any combination thereof.


(Sept. 14, 1982, D.C. Law 4-145, § 3e; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Section References

This section is referenced in § 50-1905, § 50-2201.05a, § 50-2206.13, § 50-2206.15, § 50-2206.54, § 50-2206.55, and § 50-2206.56.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) 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) addition of this section, see § 103(e)(3) 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).


§ 50–2206.15. Penalty for operating a vehicle while impaired.

(a) Except as provided in subsections (b) and (c) of this section, a person violating § 50-2206.14 shall upon conviction for the first offense be fined $500, or incarcerated for not more than 90 days, or both.

(b) A person violating any provision of § 50-2206.14 when the person has a prior offense under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense shall be fined not less than $1,000 and not more than $2,500, or incarcerated for not more than one year, or both; provided, that a 5-day mandatory-minimum term of incarceration shall be imposed.

(c) A person violating any provision of § 50-2206.14 when the person has 2 or more prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense shall be fined not less than $1,000 and not more than $5,000, or incarcerated for not more than one year, or both; provided, that a 10-day mandatory-minimum term of incarceration shall be imposed.

(c-1)(1) In addition to any other penalty provided by law, and notwithstanding §§ 50-2201.05a, and 50-2206.55(a-1)(1), a person violating any provision of § 50-2206.14 when the person has 2 prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 within the past 5 years and is being sentenced on the current offense shall have his or her driver's license or privilege to operate a motor vehicle in the District revoked until such time as the Department may reinstate the person's driver's license or privilege to operate a motor vehicle in the District pursuant to paragraph (2) of this subsection.

(2) A person whose driver's license or privilege to operate in the District was revoked pursuant to paragraph (1) of this subsection may, after 5 years from the date of revocation, apply to the Department for reinstatement. Upon receipt of an application, the Department may reinstate the persons driver's license or privilege to operate a motor vehicle in the District for good cause shown.

(d) The fines set forth in this section shall not be limited by § 22-3571.01.


(Sept. 14, 1982, D.C. Law 4-145, § 3f; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 113(f)(2), 60 DCR 2064; Oct. 8, 2016, D.C. Law 21-155, § 702(b), 63 DCR 10143; Mar. 29, 2018, D.C. Law 22-77, § 4(b), 65 DCR 1555.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

The 2013 amendment by D.C. Law 19-317 added (d).

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) 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) amendment of this section, see § 113(f)(2) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) addition of this section, see § 103(e)(3) 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

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.


§ 50–2206.16. Operating under the influence of alcohol or a drug; horse-drawn vehicle.

(a) No person shall operate or be in the physical control of any horse-drawn vehicle while under the influence of alcohol or any drug or any combination thereof.

(b) A person violating the provisions of this section shall, upon conviction, shall be fined not more than the amount set forth in § 22-3571.01, or be incarcerated for not more than 90 days, or both.

(c) Civil penalties and fees may be imposed as alternative sanctions for any violation of this section in accordance with the procedures under Chapter 14 of Title 8 [§ 8-1401 et seq.].


(Sept. 14, 1982, D.C. Law 4-145, § 3g; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 272, 60 DCR 2064.)

Section References

This section is referenced in § 50-2206.54 and § 50-2206.55.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

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

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) 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) amendment of this section, see § 272 of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) addition of this section, see § 103(e)(3) 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

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.


§ 50–2206.17. Additional penalty for driving under the influence of alcohol or a drug; commercial vehicle.

A person violating any provision of § 50-2206.12 shall, in addition to any applicable penalty under section § 50-2206.13, be subject to an additional 5 day mandatory-minimum term of incarceration.


(Sept. 14, 1982, D.C. Law 4-145, § 3h; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) 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) addition of this section, see § 103(e)(3) 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).


§ 50–2206.18. Additional penalty for impaired driving with a minor in vehicle.

(a) A person convicted of any offense under this part who, at the time of operation or physical control of the vehicle had a minor, other than him or herself, in the vehicle, shall, in addition to any applicable penalty under this part:

(1) Be fined a minimum of $500 and not more than $1,000 per minor; and

(2) Be incarcerated for a mandatory-minimum term of incarceration of:

(A) 5 days per minor if the minor or minors are restrained in, or by, an age-appropriate child passenger-safety restraint; or

(B) 10 days per minor if the minor or minors are not restrained in, or by, an age-appropriate child passenger-safety restraint.

(b) The fines set forth in this section shall not be limited by § 22-3571.01.


(Sept. 14, 1982, D.C. Law 4-145, § 3i; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 113(f)(3), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

The 2013 amendment by D.C. Law 19-317 redesignated the existing provisions as (a); and added (b).

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) 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) amendment of this section, see § 113(f)(3) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) addition of this section, see § 103(e)(3) 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

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.