Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Washington DC, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN WASHINGTON DC

In Washington DC, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age under the definition of DWI. Even a lower BAC of 0.05-0.07 qualifies as DUI. For commercial drivers, the limit is set at 0.04%. For drivers below 21 a zero-tolerance policy is in effect.

Having a Washington DC license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for a year.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it. Washington DC has a strict policy against DUI convictions and has a "lookback period" of 15 years for such convictions. So if you are arrested within 15 years of a DUI conviction, the new conviction is treated as the subsequent offense from the earlier conviction and penalties are assessed accordingly.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense may result in imprisonment for up to 3 months with a mandatory minimum of 5-10 days depending on BAC found and/or a fine ranging from $300 to $10,000. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • 12 points will be added to your driving record.
   • Your license will be suspended for six months.
2. The second offense within 15 years will result in imprisonment from 5 days to one year (the mandatory minimum varying according to BAC) and/or a fine ranging from $300-10,000. Also, if convicted for the second offense of DWI.
   • You will be required to do a month of community service after release from prison
   • 12 points will be added to your driving record.
   • Your license will be revoked for one year.
3. The third offense or subsequent offenses and may result in imprisonment for up to five years and/or up to a $10,000 fine. Also, if convicted for the third offense of DWI, DUID or BAC:
   • You will be required to do two months of community service after release from prison
4. 12 points will be added to your driving record.
5. Your license will be revoked for two years.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. In Washington DC, one has to be at least 21 years old in order to legally purchase, possess or consume alcohol. Anyone below that age who drives with any measurable level of alcohol in their blood can be arrested and their license revoked for 6 to 12 months. They will also be fined up to $300.
2. The court may order a minor's license to be suspended for 90 days for the first conviction or revoked for one year for a subsequent conviction for any alcohol or drug-related offense (including possession and use) while driving; or a second offense of possessing or using alcohol by some one under 18; or for changing or lying on your driver license.
3. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. You will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer.
2. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Washington DC laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• He/she is aged 21 and above and is driving with BAC 0.08% or more. Officers have the discretion to arrest even adults over 21 with a BAC as low as 0.01%.
• He/she is aged below 21 and is driving with any BAC above 0.0%.

  If you are over 21 and arrested with BAC below 0.08 and agree to undergo counselling for a fee of $400, other penalties may be waived.

You can appeal for a hearing within seven days of your arrest. If your appeal is successful, you may not lose your driving privilege. Note that even if you are acquitted in the criminal case, the DMV can still revoke or suspend your license if you have not requested a hearing or if you fail to turn up for a scheduled one or if the hearing results in the rejection of your appeal.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the DMV, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked. Driving with a suspended or revoked license is punishable by up to a year's imprisonment and/or a fine of up to $5000.

1. To complete the reinstatement requirements, you must prove that you have successfully completed the DUI School, pay the reinstatement fee of $98, and maintain proof of financial responsibility for two years from the date of suspension/revocation by filing SR-22, if you are over 21 years old. SR-22 is not required for minors when they are suspended for their first offense under the zero tolerance law.
2. If you are being convicted for a second time, the court may order an ignition interlock device to be placed for breathalyser tests on any vehicle you drive.
3. You can submit the reinstatement application and fees (Monday-Friday from 8.15 am to 4:00 pm, except for state holidays) in person at :

   Driver Improvement Office 
   301 C Street, NW, Room 1033
   
   Washington, DC 20001    

   You can also send the reinstatement package by mail to:

DMV Driver Improvement Office

P O Box 91980

Washington, DC 20090

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.