Code of the District of Columbia

Part D. Enforcement.


§ 50–2206.51. Evidence of impairment.

(a) If as a result of the operation or the physical control of a vehicle, or a watercraft, a person is tried in any court of competent jurisdiction within the District of Columbia for operating or being in physical control of a vehicle, or a watercraft, while under the influence of alcohol in violation of § 50-2206.11, § 50-2206.12, or § 50-2206.31, negligent homicide in violation of § 50-2203.01, or manslaughter committed in the operation of a vehicle in violation of § 22-2105, and in the course of the trial there is received, based upon chemical tests, evidence of alcohol in the defendant’s blood, breath, or urine, such evidence shall:

(1) If the defendant’s alcohol concentration at the time of testing was less than 0.05 grams per 100 milliliters of blood or per 210 liters of breath or 0.06 grams or less per 100 milliliters of urine, establish a rebuttable presumption that the person was not, at the time, under the influence of alcohol.

(2) If the defendant’s alcohol concentration at the time of testing was 0. 05 grams or more per 100 milliliters of blood or per 210 liters of breath or more than 0.06 grams of per 100 milliliters of urine, but less than 0.08 grams per 100 milliliters of blood or per 210 liters of breath or less than 0.10 grams per 100 milliliters of urine, constitute prima facie proof that the person was, at the time, under the influence of alcohol.

(b) The rebuttable presumption contained in subsection (a)(1) of this section shall not apply if:

(1) There is evidence that the person is impaired by a drug;

(2) The defendant was operating or in physical control of a commercial vehicle; or

(3) The defendant, at the time of arrest, was under the age of 21.


(Sept. 14, 1982, D.C. Law 4-145, § 3p; 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 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).


§ 50–2206.52. Admissibility of chemical test results.

(a) Evidence from breath tests shall not be admitted in a criminal proceeding unless compliance with the following criteria has been shown:

(1) The breath test instrument on which the breath test was conducted was operated by either a certified breath test operator or certified technician;

(2) A certified breath test operator or certified technician observed the administration of the breath test and determined that no contamination by mouth alcohol occurred;

(3) A reference standard was analyzed in conjunction with the subject analyses, and the analytical results of the reference standard agreed with the predicted value within the acceptable range set by regulation pursuant to § 5-1501.07;

(4) Duplicate breath specimens were collected from the person and the analytical results of the paired breath specimens were within the acceptable range set by regulation pursuant to § 5-1501.07;

(5) The breath test instrument analytically demonstrates the absence of ethanol before the testing of each breath specimen;

(6) Analytical results are expressed in grams of alcohol per 210 liters of breath (g/210L); and

(7) The instrument on which the breath test was conducted had been tested within 180 days before the breath test and had been found to be accurate.

(b)(1) Records of maintenance, set by regulation pursuant to § 5-1501.07, shall be admissible in any proceeding as evidence of the operating condition of the breath test instrument at the time of the person’s breath test.

(2) Records of maintenance demonstrating that the instrument was in proper operating condition at the time of the person’s test shall be prima facie evidence that the instrument was functioning properly.

(c) The inability of any person to obtain either the manufacturer’s schematics or software for a quantitative breath testing device shall not affect the admissibility of the results of a breath test pursuant to this section.


(Sept. 14, 1982, D.C. Law 4-145, § 3q; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; Apr. 20, 2013, D.C. Law 19-260, § 4(a), 60 DCR 1292.)

Section References

This section is referenced in § 50-2206.52a and § 50-2206.52b.

Effect of Amendments

The 2013 amendment by D.C. Law 19-260 rewrote this section.

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).

Editor's Notes

Section 5 of D.C. Law 19-260 provided that the act shall apply as of the effective date of the Comprehensive Impaired Driving and Alcohol Breath Testing Program Amendment Act of 2012, signed by the Mayor on October 24, 2012 (D.C. Act 19-489; 59 DCR 12957), which became D.C. Law 19-266, effective April 27, 2013.


§ 50–2206.52a. Presence or testimony of person maintaining breath test instrument in a criminal proceeding.

(a) The record of a breath test is admissible in court as prima facie evidence of the amount of grams of alcohol per 210 liters of a person’s breath without the testimony of the persons responsible for maintaining the breath test instrument’s proper operating condition if:

(1) The criteria in § 50-2206.52(a) have been met;

(2) The record of a breath test is provided to the person, or his or her counsel, within 15 calendar days of arraignment or notice of appearance of counsel, whichever is later; and

(3) There are more than 30 calendar days between the date the breath test is provided to the person, or his or her counsel, and the trial date.

(b)(1) Notwithstanding subsection (a) of this section, a person may demand the presence of the persons responsible for maintaining the breath test instrument’s proper operating condition to provide evidence in the government’s case-in-chief by serving upon the government, in writing, his or her request for the live testimony of the persons responsible for maintaining the breath test instrument’s proper operating condition no later than 15 calendar days before trial.

(2) A person’s failure to file a timely request pursuant to paragraph (1) of this subsection shall constitute a waiver of the person’s right to demand the presence of the persons responsible for maintaining the breath test instrument’s proper operating condition to provide evidence in the government’s case-in-chief.

(c) For the purposes of this section, the term “record of a breath test” means the analytical results of a breath test administered on:

(1) A breath test instrument operated by the Metropolitan Police Department that has been certified as accurate pursuant to § 5-1507; or

(2) A breath test instrument operated by other law enforcement agencies that has been certified as accurate by the persons designated by that agency to certify the accuracy of the instrument.


(Sept. 14, 1982, D.C. Law 4-145, § 3q-1; as added Apr. 20, 2013, D.C. Law 19-260, § 4(b), 60 DCR 1292.)

Section References

This section is referenced in § 50-2206.52b.

Effect of Amendments

The 2013 amendment by D.C. Law 19-260 added this section.

Editor's Notes

Section 5 of D.C. Law 19-260 provided that the act shall apply as of the effective date of the Comprehensive Impaired Driving and Alcohol Breath Testing Program Amendment Act of 2012, signed by the Mayor on October 24, 2012 (D.C. Act 19-489; 59 DCR 12957), which became D.C. Law 19-266, effective April 27, 2013.


§ 50–2206.52b. Notification regarding admissibility of breath test results in a criminal proceeding.

Any person upon whom a breath specimen is collected shall be informed, in writing, of the provisions of §§ 50-2206.52 and 50-2206.52a at the time that person is charged.


(Sept. 14, 1982, D.C. Law 4-145, § 3q-2; as added Apr. 20, 2013, D.C. Law 19-260, § 4(b), 60 DCR 1292.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-260 added this section.

Editor's Notes

Section 5 of D.C. Law 19-260 provided that the act shall apply as of the effective date of the Comprehensive Impaired Driving and Alcohol Breath Testing Program Amendment Act of 2012, signed by the Mayor on October 24, 2012 (D.C. Act 19-489; 59 DCR 12957), which became D.C. Law 19-266, effective April 27, 2013.


§ 50–2206.52c. Admissibility of chemical test results for a criminal proceeding; blood or urine.

The results of chemical testing pertaining to blood or urine used to determine whether the person’s specimens contained alcohol or a drug or any combination thereof may be admissible as evidence in a criminal proceeding if the chemical testing was performed at a forensic laboratory, hospital, other equivalent medical facility, or at a laboratory contracted by a hospital or medical facility to perform chemical testing for specimens supplied by the hospital or equivalent medical facility.


(Sept. 14, 1982, D.C. Law 4-145, § 3q-3; as added Apr. 20, 2013, D.C. Law 19-260, § 4(b), 60 DCR 1292.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-260 added this section.

Editor's Notes

Section 5 of D.C. Law 19-260 provided that the act shall apply as of the effective date of the Comprehensive Impaired Driving and Alcohol Breath Testing Program Amendment Act of 2012, signed by the Mayor on October 24, 2012 (D.C. Act 19-489; 59 DCR 12957), which became D.C. Law 19-266, effective April 27, 2013.


§ 50–2206.53. Prosecution and diversionary program.

(a) The Attorney General of the District of Columbia, or his or her assistants, shall prosecute violations of this subchapter, in the name of the District of Columbia.

(b) The Attorney General may request that a person who is charged with a violation of any provision of this subchapter, as a condition to acceptance into a diversion program in lieu of prosecution, pay the District of Columbia or its agents a reasonable fee for the costs to the District of the person’s participation in the diversion program; provided, that:

(1) The Attorney General shall set the fee by rule and at a level which the Attorney General determines will not unreasonably discourage persons from entering the diversion program;

(2) The Attorney General may reduce or waive the fee if the Attorney General finds that the person is indigent; and

(3) The Mayor shall determine the provider, the content, and eligibility requirements for any diversion program.


(Sept. 14, 1982, D.C. Law 4-145, § 3r; 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).


§ 50–2206.54. Assessment of alcohol or drug abuse and treatment.

Any person convicted of violating sections § 50-2206.11, § 50-2206.12, § 50-2206.14, § 50-2206.16, § 50-2206.31, or § 50-2206.33 who has prior offense under sections § 50-2206.11, § 50-2206.12, § 50-2206.14, § 50-2206.16, § 50-2206.31, or § 50-2206.33, shall have his or her alcohol or drug abuse history assessed and a treatment program prescribed as appropriate.


(Sept. 14, 1982, D.C. Law 4-145, § 3s; 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).


§ 50–2206.55. Revocation of permit or privilege to drive.

(a) Except as provided in subsection (a-1) of this section, the Mayor or his or her designated agent shall revoke the operator’s permit or the privilege to drive a motor vehicle in the District of Columbia, or revoke both such permit and privilege, of any person who is convicted or adjudicated a juvenile delinquent as a result of the commission in the District of any of the following offenses:

(1) A violation of sections § 50-2206.11, § 50-2206.12, § 50-2206.14, or § 50-2206.16;

(2) A homicide committed by means of a motor vehicle;

(3) A violation of § 50-2201.05c or § 50-2201.05d;

(4) Aggravated reckless driving;

(5) Operating or being in physical control of a vehicle while intoxicated or impaired by the consumption of alcohol or a drug or any combination thereof where such operation or physical control leads to bodily injury; or

(6) Any felony in the commission of which a motor vehicle is involved.

(a-1)(1) Notwithstanding subsection (a) of this section, and except as provided in §§ 50-2206.13(d-1) and 50-2206.15(c-1) and paragraph (2) of this subsection, the Mayor shall restrict the operator's permit of a person who has an operator's permit issued by the District who is convicted or adjudicated a juvenile delinquent as a result of a violation of § 50-2206.11, § 50-2206.12, or § 50-2206.14 and such person shall enroll in the Ignition Interlock System Program, pursuant to § 50-2201.05a.

(2) If a person who has an operator's permit issued by the District is convicted or adjudicated a juvenile delinquent as a result of the commission of a violation of § 50-2206.11, § 50-2206.12, or § 50-2206.14 and an offense listed in subsection (a)(2) through (6) of this section, the Mayor shall revoke the person's operator's permit and such person shall not enroll in the Ignition Interlock System Program established by § 50-2201.05a.

(b) Whenever a judgment of conviction of any offense set forth in subsection (a) of this section has become final, the clerk of the court in which the judgment was entered shall certify such conviction to the Mayor or his or her designated agent, who shall thereupon take the action required by subsection (a) of this section. A judgment of conviction shall be deemed to have become final for the purposes of this subsection if:

(1) No appeal is taken from the judgment, upon the expiration of the time within which an appeal could have been taken; or

(2) An appeal is taken from the judgment, the date upon which the judgment, having been sustained, can no longer be appealed from or reviewed on a writ of certiorari.


(Sept. 14, 1982, D.C. Law 4-145, § 3t; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 8, 2013, D.C. Law 19-316, § 6, 60 DCR 1713; Oct. 8, 2016, D.C. Law 21-155, § 702(c), 63 DCR 10143.)

Effect of Amendments

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

The 2013 amendment by D.C. Law 19-316 substituted “Aggravated reckless driving” for “Reckless driving” in (a)(4).

Applicability

For requirement that section 702(c) of Law 21-155 shall apply upon the issuance of mayoral rules, see § 704 of D.C. Law 21-155.

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 § 6 of the Reckless Driving Emergency Act of 2013 (D.C. Act 20-75, May 23, 2013, 60 DCR 7597, 20 DCSTAT 1428).

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

Section 8 of D.C. Law 19-316 provided that the act shall apply as of June 1, 2013.


§ 50–2206.56. Impounding of vehicle; release of vehicle; liability.

(a)(1) Except as provided in paragraph (2) of this subsection, when a law enforcement officer arrests a person for a violation of § 50-2206.11, § 50-2206.12, or § 50-2206.14, the law enforcement officer shall cause the motor vehicle which the arrested person operated or controlled to be impounded.

(2) The law enforcement officer shall not cause the vehicle to be impounded if:

(A) A registered owner of the vehicle authorizes the law enforcement officer to release the vehicle to a person:

(i) Who is in the company of the arrested person;

(ii) Who has in his or her immediate possession a valid permit to operate a motor vehicle; and

(iii) Whom the law enforcement officer determines to be in physical condition to operate the vehicle without violating § 50-2206.11, § 50-2206.12, or § 50-2206.14;

(B) A registered owner of the vehicle:

(i) Is present to take custody of the vehicle;

(ii) Has in his or her immediate possession a valid permit to operate a motor vehicle; and

(iii) Is determined by the law enforcement officer to be in physical condition to operate the vehicle without violating § 50-2206.11, § 50-2206.12, or § 50-2206.14; or

(C) The arrested person authorizes the law enforcement officer to release the vehicle to a person:

(i) Who is not in the company of the arrested person;

(ii) Who has in his or her immediate possession a valid permit to operate a motor vehicle;

(iii) Whom the law enforcement officer determines to be in physical condition to operate the vehicle without violating § 50-2206.11, § 50-2206.12, or § 50-2206.14; and

(iv) Who shall take possession of the vehicle within a reasonable period of time from a public parking space to be determined by the arresting law enforcement officer.

(b)(1) Except as provided in paragraph (2) of this subsection or in subsection (c) of this section, an impounded vehicle shall be released:

(A) At any time to a registered owner of the vehicle, other than the arrested person; or

(B) 24 hours after the arrest, to the arrested person.

(2) No vehicle shall be released to a person unless a law enforcement officer determines that the person is in physical condition to operate a motor vehicle without violating § 50-2206.11, § 50-2206.12, or § 50-2206.14.

(3) If the law enforcement officer has a reasonable suspicion that the person is not in the physical condition required by paragraph (2) of this subsection, the law enforcement officer may direct that the person submit specimens for chemical testing to determine whether the person is impaired. The results of the tests may not be used as evidence in any criminal proceeding. If the person refuses to submit specimens for chemical tests, the law enforcement officer may determine that the person does not meet the condition of paragraph (2) of this subsection.

(c) Any motor vehicle that is impounded shall be subject to an impoundment charge of $50, which shall be paid before the release of the motor vehicle. Any motor vehicle that remains impounded and unclaimed for more than 72 hours shall be processed and handled as an abandoned vehicle, and shall be subject to any other charges and costs, including storage fees and relocation costs, as provided and assessed by the Mayor.

(d)(1) Except as provided in paragraph (2)(B) of this subsection, the District of Columbia and its employees may not be liable for damage to property which results from any act or omission in the implementation of any provisions of this section.

(2)(A) The District of Columbia and its employees may be liable for injury to persons which results from any act or omission in the implementation of any provisions of this section.

(B) An employee of the District of Columbia may be liable for injury to persons or damage to property which results from the gross negligence of the employee. The District of Columbia may also be liable for the resulting injury to persons or damage to property if the act or omission of the employee which constitutes gross negligence occurred while the employee was engaged in furthering the governmental interest of the District of Columbia.


(Sept. 14, 1982, D.C. Law 4-145, § 3u; 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).


§ 50–2206.57. Mandatory-minimum periods.

(a) A mandatory-minimum term of incarceration as provided in this subchapter shall be proven to the court by a preponderance of the evidence.

(b) A person sentenced for an offense under this subchapter may be subjected to multiple mandatory-minimum terms of incarceration. Each mandatory-minimum term of incarceration must be served consecutively, except that no combination of mandatory- minimum terms of incarceration shall exceed the maximum penalty for the offense, including any applicable enhancements.


(Sept. 14, 1982, D.C. Law 4-145, § 3v; 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).


§ 50–2206.58. Fines.

Notwithstanding any other provision of law, all fines imposed and collected pursuant to this subchapter during fiscal year 2006 and each succeeding fiscal year shall be transferred to the General Fund of the District of Columbia.


(Sept. 14, 1982, D.C. Law 4-145, § 3w; 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).


§ 50–2206.59. Effect of later repeal or amendment.

Any violation of any provision of law or regulation issued hereunder which is repealed or amended by this subchapter, and any liability arising under such provisions or regulations may, if the violation occurred or the liability arose prior to such repeal or amendment, be prosecuted to the same extent as if this subchapter had not been enacted.


(Sept. 14, 1982, D.C. Law 4-145, § 3x; 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).