District of Columbia Drunk Driving Laws

When is a Driver Considered to be Legally Drunk in D.C.?

Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater.
Drivers under 21 are legally drunk when their blood, breath, or urine contains any measurable amount of alcohol.

Penalties for Drunk Driving in D.C.

First-time offenders face up to 90 days in prison. They must also pay a $300 fine. If, however, the offender’s BAC was at least .20 but not more than .25, an additional five-day mandatory minimum prison term will be imposed. If the offender’s BAC was more than .25, the additional mandatory minimum prison term is 10 days. The driver’s license revocation period is 90 days.
A person who commits a second DUI within a 15-year period will be imprisoned for five days to one year, or be required to perform at least 30 days of community service work. Second-time offenders must also pay a fine ranging between $1,000 and $5,000. If, however, the person’s BAC was at least .20 but not more than .25, an additional 10-day mandatory minimum prison term will be imposed. If the offender’s BAC was more than .25, the additional mandatory minimum prison term is 20 days. The driver’s license revocation period is two years, unless the offender’s license is reinstated pursuant to the District’s ignition interlock program.
A person who commits a third or subsequent DUI within a 15-year period will be imprisoned for 10 days to one year, or be required to perform at least 60 days of community service work. The person must also pay a fine ranging from $2,000 to $10,000. If, however, the person’s BAC was at least .20 but not more than .25, an additional 15-day mandatory minimum prison term will be imposed. If the BAC level was more than .25, the additional mandatory minimum prison term is 25 days. The driver’s license revocation period is three years, unless the license is reinstated pursuant to the District’s ignition interlock program.

Other Drunk Driving Penalties
What is the District of Columbia’s Dram Shop Act?
Criminal Penalties for Selling and Furnishing Alcohol to Minors

Additional Penalty for Drunk Drivers Carrying Passengers 17 and Under

If a person is convicted of DUI while a person 17 or under was in the vehicle, the offender must pay an additional fine ranging from $500 to $1,000. The offender will also be sentenced to perform 48 hours of community service work that benefits children. For a subsequent offense, the offender will be required to perform 80 hours of community service work that benefits children.

Ignition Interlock

The District of Columbia’s ignition interlock program is discretionary. A second-time DUI offender may apply for participation in the program after the expiration of at least one year of the driver’s license revocation period. A third or subsequent DUI offender may apply to participate in the program after the expiration of at least two years of the revocation period. An offender will not be accepted into the program if a prior conviction caused injury or death or if he or she previously participated in the program or a similar program in another state five years prior to the date of application.

Commercial Drivers

In addition to other penalties associated with the District’s DUI laws, a first-time offender who is convicted of driving a commercial motor vehicle while under the influence of alcohol faces a one-year suspension of his or her commercial license. For a second violation, the suspension period ranges from 10 years to life. Third-time offenders will lose their commercial license for life.

What is the District of Columbia’s Dram Shop Act?

This statute creates tavern keeper liability in favor of innocent third parties. Under the statute, a licensed drinking establishment may be civilly liable for third-party injuries caused by intoxication if the tavern served a minor or a person who appeared to be intoxicated.

Criminal Penalties for Selling or Furnishing Alcohol to Minors

It is a crime to sell or furnish alcohol to a person under 21. A person who violates this law for the first time faces up to 180 days in prison, a fine of up to $1,000, or both. A person who commits a second offense within two years of the first conviction faces up to 180 days in prison, a fine of up to $2,500, or both. A person who commits a third or subsequent offense within two years of the previous offense faces up to one year in prison, a fine of up to $5,000, or both.

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