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District of Columbia

Felony DUI

No felony DUI law

DUID Zero Tolerance and Per Se Laws

Impairment-based statute only

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.2

DUI Look-back Periods

Fifteen years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

No Habitual Offender Law

Drug Evaluation and Classification Program

0-15 DREs

DUI Courts - Standalone

No DUI Courts

DUI Courts - Hybrid

No Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Decriminalized

DUID: Implied Consent Testing Methods

Blood and urine

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

None

Lower BAC legislation

No legislation introduced

Low BAC

Low BAC considered prima facie evidence

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

No legislation passed

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

No Data Available

2019 Enacted Impaired Driving & Underage Drinking Legislation

No Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

No Distinctive License & No Seizure Law

No Refusal Programs

Lacks authorization

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

50–1904.02 - Learn More
When a law enforcement officer has reasonable grounds to believe that a person was operating or in physical control of a motor vehicle within the District while intoxicated or while the person’s ability to operate a motor vehicle is impaired by the consumption of alcohol or a drug or a combination thereof, after arrest of the person, the person shall … be deemed to have given his or her consent, subject to the provisions of this chapter, to submitting 2 specimens for chemical testing of the person’s blood, breath, or urine, for the purpose of determining alcohol or drug content; and
… Submit 2 specimens for chemical testing of his or her blood, breath, or urine for the purpose of determining alcohol or drug content when he or she is involved in a collision in the District..

Blood

50–1904.02 - Learn More
When a law enforcement officer has reasonable grounds to believe that a person was operating or in physical control of a motor vehicle within the District while intoxicated or while the person’s ability to operate a motor vehicle is impaired by the consumption of alcohol or a drug or a combination thereof, after arrest of the person, the person shall … be deemed to have given his or her consent, subject to the provisions of this chapter, to submitting 2 specimens for chemical testing of the person’s blood, breath, or urine, for the purpose of determining alcohol or drug content; and
… Submit 2 specimens for chemical testing of his or her blood, breath, or urine for the purpose of determining alcohol or drug content when he or she is involved in a collision in the District.

Urine

50–1904.02 - Learn More
When a law enforcement officer has reasonable grounds to believe that a person was operating or in physical control of a motor vehicle within the District while intoxicated or while the person’s ability to operate a motor vehicle is impaired by the consumption of alcohol or a drug or a combination thereof, after arrest of the person, the person shall … be deemed to have given his or her consent, subject to the provisions of this chapter, to submitting 2 specimens for chemical testing of the person’s blood, breath, or urine, for the purpose of determining alcohol or drug content; and
… Submit 2 specimens for chemical testing of his or her blood, breath, or urine for the purpose of determining alcohol or drug content when he or she is involved in a collision in the District.

Oral Fluids

No Data Available

Other

50–1904.02 - Learn More
BREATH - When a law enforcement officer has reasonable grounds to believe that a person was operating or in physical control of a motor vehicle within the District while intoxicated or while the person’s ability to operate a motor vehicle is impaired by the consumption of alcohol or a drug or a combination thereof, after arrest of the person, the person shall … be deemed to have given his or her consent, subject to the provisions of this chapter, to submitting 2 specimens for chemical testing of the person’s blood, breath, or urine, for the purpose of determining alcohol or drug content; and
… Submit 2 specimens for chemical testing of his or her blood, breath, or urine for the purpose of determining alcohol or drug content when he or she is involved in a collision in the District.

DUI Statutes

Drugs

50–2206.11 - Learn More
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.

Combined/Multiple Substance

50–2206.11 Learn More
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.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

50-1905 - Learn More
If a person, after having been informed as provided in paragraph (1) of this subsection, still refuses to submit to chemical testing, no test shall be given, but the Mayor, upon receipt of a sworn report of the law enforcement officer that he or she had reasonable grounds to believe the arrested person had been driving or was in physical control of a motor vehicle upon the highways while the person was intoxicated or while the person’s ability to operate a motor vehicle was impaired by the consumption of alcohol or a drug or a combination thereof, and that the person had refused to submit 2 specimens for chemical testing, shall:
(A) Revoke his or her license or privilege to drive in the District of Columbia for a period of 12 months; or
(B) Deny the person the issuance of a license, if the person is without a license to operate a motor vehicle in the District, for a period of 12 months after the date of the alleged violation.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes
DC Code § 50-1905. Test refusal; penalty; evidence of refusal
(a) (1) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02(a), he or she shall be informed that failure or refusal to submit to chemical testing will result in the revocation of his or her license or privilege to drive in the District of Columbia as provided in this section.
(2) If a person, after having been informed as provided in paragraph (1) of this subsection, still refuses to submit to chemical testing, no test shall be given, but the Mayor, upon receipt of a sworn report of the law enforcement officer that he or she had reasonable grounds to believe the arrested person had been driving or was in physical control of a motor vehicle upon the highways while the person was intoxicated or while the person's ability to operate a motor vehicle was impaired by the consumption of alcohol or a drug or a combination thereof, and that the person had refused to submit 2 specimens for chemical testing, shall:
(A) Revoke his or her license or privilege to drive in the District of Columbia for a period of 12 months; or
(B) Deny the person the issuance of a license, if the person is without a license to operate a motor vehicle in the District, for a period of 12 months after the date of the alleged violation.
(c) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02(a), evidence of such refusal shall be admissible in any civil or criminal proceeding arising as a result of the acts alleged to have been committed by the person before the arrest.

Criminal Trial

Yes
DC Code § 50-1905. Test refusal; penalty; evidence of refusal (c) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02(a), evidence of such refusal shall be admissible in any civil or criminal proceeding arising as a result of the acts alleged to have been committed by the person before the arrest.
See also. Jury Instruction 6.401 DUI—REFUSAL You have heard evidence that [name of defendant] at the time of his/her arrest was asked to submit to chemical testing of his/her [blood] [urine] [breath] for the purpose of determining [blood-alcohol content] [and] [blood-drug content] and may have refused to do so. It is up to you to decide whether there was such a request and whether s/he refused to obey that request. If you find that s/he did refuse to submit to a request for chemical testing, you may consider his/her refusal as tending to show his/her feelings of guilt, which you may, in turn, consider as tending to show actual guilt.] On the other hand, you may also consider that s/he may have refused for reasons that are fully consistent with innocence in this case. [If you find that [name of defendant] refused to submit to chemical testing, you should give the evidence as much weight as in your judgment it deserves.]

ALR Laws

Cannabis

 If you are arrested for a major moving violation in the District, you will be issued an Order of Proposed Revocation by the arresting police officer. In addition to appearing at Superior Court, you must schedule a hearing to determine if you can retain your license, called a permit hearing, within 10 calendar days of receiving the ticket if you are a DC resident or within 15 calendar days if you are a non-DC resident.

Length/Time of Restriction

DC driver license will be revoked for 6 months, and 12 points on your record, and be required to retest to obtain your license.
CDL holders can lose their CDL for 18 months and be required to start the licensing process over to regain their CDL.
For a second DUI, driver license will be revoked for 1 year, and 2 years for any subsequent DUIs. CDL holders face even stiffer penalties and you can even lose your CDL for life.
A person convicted of a 3rd DUI within 15 years will have their driver license revoked for 3 years.

Hardship License Available

Drivers licensed in the District of Columbia may submit a request to DC DMV for a limited occupational license following the suspension or revocation of their license. If your driver license revocation was mandatory, then you are not eligible for a limited occupational license.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

No Data Available

Other Drugs

No Data Available

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No Data Available

Cannabis Per Se Statute

No statute

Threshold

No Data Available

Nanogram Limit

No Data Available

DUI Standards

Under DC Code, a driver can be charged with a DUI offense if, the officer has probable cause to believe that the driver is intoxicated or under the influence. Pursuant to §§ 50-1901 and 50-2206.A person’s driving is impaired when the person’s ability to operate or be in physical control of a vehicle is affected, due to consumption of alcohol or a drug or a combination thereof, in a way that can be perceived or noticed.

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

50–2206.15 - Learn More
(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;

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

50–2206.14 - Learn More
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.

Penalties for Multiple Substance/Multiple Substance Impaired Driving

50–2206.15 - Learn More (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.
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-daymandatory-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.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

DC Code § 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.

Statutes with THC Listed as Delta 8, 9, 10, or 11

No Data Available

Electronic Warrant Program

Statewide

§ 23–522. Applications for search warrants.
(a) Each application for a search warrant shall be made in writing, or by telephone or other appropriate means, including facsimile transmissions or other electronic communications, upon oath or affirmation to a judicial officer, pursuant to the Superior Court Rules of Criminal Procedure.

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

21 and older
Pursuant to §48-904.01(a), persons 21 years of age or older may lawfully consume marijuana on private property; It is still illegal to possess any amount of marijuana on Federal property.
Under 21
Pursuant to § 48-1201 the possession or transfer without remuneration of marijuana weighing one ounce or less is a civil violation and does not constitute a criminal offense or a delinquent act.

Underage Cannabis Laws and Penalties

Underage Possession

Decriminalized for one ounce or less. Illegal for more than one ounce.
Pursuant to DC Code § 48-1201 the possession or transfer without remuneration of marijuana weighing one ounce or less is a civil violation and does not constitute a criminal offense or a delinquent act. However, pursuant to DC Code § 48-911.01, an individual arrested for smoking or consuming marijuana in public, upon conviction, faces up to 60 days in jail or a $500 fine

Underage Consumption

Illegal
I-71: Police will seize and if more than two ounces possibly prosecute.

Underage Purchase

Illegal
I-71: Police will seize and if more than two ounces possibly prosecute.

Underage Attempt to Purchase

Illegal
I-71: Police will seize and if more than two ounces possibly prosecute.

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Pursuant to § 7-1671.03, the use of medical marijuana, including that of a minor, is restricted to the qualifying person’s residence, another person’s residence who has consented to the use, and at a medical treatment facility.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No Data Available

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

Pursuant to DC Code § 48-904.01 it is illegal for any adult, including a retailer, to transfer marijuana, with or without remuneration, to someone under the age of 21. The penalty for a first offense is imprisonment for 180 days, fine of $2,500, or both and for second and future illegal sales is imprisonment for not more than 5 years, fined $12,000, or both.

Other

No Data Available