Any Department of Mental Health or Department of Human Services employee who operates a motor vehicle in the performance of his or her employment within the District of Columbia shall be deemed to have given his or her consent, subject to the provisions of this subchapter, to the testing of the employee’s urine or breath, for the purpose of determining drug or alcohol content, whenever a supervisor has the probable cause or a police officer arrests such employee for a violation of § 50-2201.05 or has reasonable grounds to believe such employee to have been operating or in physical control of a motor vehicle within the District while that employee is intoxicated as defined by § 50-2206.01(9) , or while under the influence of an intoxicating liquor or any drug or any combination thereof, or while the employee’s ability to operate a motor vehicle was impaired by the consumption of intoxicating liquor.
(Mar. 3, 1979, D.C. Law 2-139, § 2024 ; as added Apr. 13, 1999, D.C. Law 12-227, § 2, 46 DCR 502 ; Dec. 18, 2001, D.C. Law 14-56, § 116(a)(6), 48 DCR 7674 ; Mar. 2, 2007, D.C. Law 16-195, § 4(a), 53 DCR 8675 ; Apr. 27, 2013, D.C. Law 19-266, § 304(a), 59 DCR 12957 .)
Prior Codifications
1981 Ed., § 1-621.64.
Effect of Amendments
D.C. Law 14-56 substituted “Department of Mental Health or Department of Human Services” for “Department or Commission”.
D.C. Law 16-195 substituted “alcohol concentration is 0.08 grams or more per 210 liters of breath” for “breath contained .08% or more, by weight, of alcohol”.
The 2013 amendment by D.C. Law 19-266 substituted “employee is intoxicated as defined by § 50-2206.01(9) ” for “employee’s alcohol concentration is 0.08 grams or more per 210 liters of breath.”
Emergency Legislation
For temporary addition of subchapter, see note to § 1-620.21 .
For temporary (90 day) amendment of section, see § 16(a)(6) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).
For temporary (90 day) amendment of section, see § 16(a)(6) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).
For temporary (90 day) amendment of section, see § 116(a)(6) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
For temporary (90 day) amendment of section, see § 4(a)(1) 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 § 4(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 § 4(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 amendment of section, see § 304(a) 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) amendment of this section, see § 304(a) 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 § 304(a) 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
For temporary (225 day) amendment of section, see § 16(a)(6) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51 , October 30, 2001, law notification 48 DCR 10807).
Editor's Notes
Temporary addition of subchapter: See Historical and Statutory Notes following § 1-620.21 .
