District of Columbia DUI Laws

The per se threshold is 0.08% for most drivers (D.C. Code § 50-2206.11, defining "intoxicated" at § 50-2206.01(9)(A)(i)). Two lower limits apply: DC is zero-tolerance for drivers under 21 — any measurable amount of alcohol above 0.00 is "intoxicated" and chargeable as DUI (§ 50-2206.01(9)(A)(ii)) — and the limit for commercial-vehicle operators is 0.04% (§ 50-2206.01(9)(B)(i)). The offense also covers impairment by alcohol, drugs, or a combination without a specific BAC.

A first offense (D.C. Code § 50-2206.13(a)) carries a $1,000 fine and/or up to 180 days in jail. BAC tiers add mandatory minimums: 10 days at BAC ≥ 0.20, 15 days at > 0.25, 20 days at > 0.30, and 15 days for listed drugs (Schedule I, PCP, cocaine, methadone, morphine). A DC-licensed driver must enroll in the IID Program for 6 months (§ 50-2201.05a(b)(1)) and receives a restricted license.

A second offense with one prior qualifying offense (D.C. Code § 50-2206.13(b)) carries a $2,500–$5,000 fine and/or 10 days to 1 year in jail (10-day mandatory minimum; 15/20/25 days at BAC 0.20/0.25/0.30; 20 days for listed drugs). A DC-licensed driver must enroll in the IID Program for 1 year (§ 50-2201.05a(b)(2)).

A third or subsequent offense (D.C. Code § 50-2206.13(c)) carries a $2,500–$10,000 fine and/or 15 days to 1 year in jail (15-day mandatory minimum; 20/25/30 days at BAC 0.20/0.25/0.30; 25 days for listed drugs). It is still a MISDEMEANOR — DC has no felony DUI tier. A person with 3+ priors faces an additional 30-day mandatory minimum per additional violation under (d). A person with 2 priors within the past 5 years faces mandatory license revocation under (d-1), restorable after 5 years. Felony exposure arises only via separate result crimes (negligent homicide, assault).

Three BAC tiers raise the mandatory-minimum jail at each offense level under D.C. Code § 50-2206.13. At BAC ≥ 0.20: 10 days (first), 15 days (second), 20 days (third+). At BAC > 0.25: 15/20/25 days. At BAC > 0.30: 20/25/30 days. These are sentencing enhancements on the standard DUI, not separate per-se charges. A separate 15/20/25-day mandatory minimum applies at each tier if the blood or urine contains a listed drug (Schedule I, PCP, cocaine, methadone, morphine).

Yes — IID is mandatory for DC-licensed drivers at every tier under D.C. Code § 50-2201.05a(b): 6 months for a first covered offense, 1 year for a second, 2 years for a third or subsequent. The license is suspended until enrollment, and the driver receives a restricted license during the program. Refusers face a longer IID track: 1 year (first refusal), 2 years (one prior), 3 years (two or more) under § 50-2201.05a(b-3). Indigent participants (≤150% of federal poverty guidelines) have costs paid by DMV.

Refusing chemical testing is NOT a separate crime — it is an administrative matter under D.C. Code § 50-1905. A refuser faces either a 12-month revocation of DC driving privilege OR, for a DC-licensed driver, mandatory IID Program enrollment (1 year first refusal, 2 years with one prior, 3 years with two or more). Refusal plus a prior DUI/CMV-DUI/OWI conviction creates a rebuttable presumption of intoxication (§ 50-1905(b)). The refusal is admissible at the criminal trial (§ 50-1905(c)). A person involved in a fatal collision who refuses may face a forced blood draw (§ 50-1905(d)).

DC has two impaired-driving offenses. DUI (D.C. Code § 50-2206.11) is the primary offense — operating 'under the influence' or 'intoxicated' at 0.08+ BAC, carrying a $1,000 fine and/or up to 180 days (first) or 1 year (repeat). OWI (§ 50-2206.14) is the lesser offense — operating while one's 'ability to operate... is impaired' by alcohol or drugs, carrying a $500 fine and/or up to 90 days (first), $1,000–$2,500 and/or up to 1 year (second), or $1,000–$5,000 and/or up to 1 year (third+) under § 50-2206.15. OWI does not carry the BAC-tiered mandatory minimums that DUI does. A prior OWI counts toward DUI tier escalation. The older term 'DWI' is not used in the current recodified D.C. Code.

There is no time limitation on tier escalation — all prior qualifying offenses under § 50-2206.11 (DUI), § 50-2206.12 (CMV DUI), or § 50-2206.14 (OWI) ever count toward placing a current offense in the second or third tier under § 50-2206.13(b)/(c). The ONLY bounded window is the license-revocation trigger at § 50-2206.13(d-1): a person with 2 priors within the past 5 years faces mandatory license revocation (restorable after 5 years). So a 20-year-old prior still escalates the tier, but only a prior within 5 years counts toward the (d-1) revocation.

For most DC-licensed drivers, the license consequence flows through the IID Program: the license is suspended until IID enrollment, then a restricted license issues for the IID period (6 months first, 1 year second, 2 years third+ under § 50-2201.05a). A person with 2 priors within the past 5 years faces mandatory license revocation under § 50-2206.13(d-1), restorable after 5 years. A refuser faces a separate 12-month revocation OR IID enrollment under § 50-1905.

No — there is no felony DUI tier in DC. All § 50-2206.13 offenses are misdemeanors capped at 1 year, no matter how many priors. Felony exposure arises only when the DUI causes serious injury or death, which is charged separately under DC's general criminal statutes (Title 22) — most commonly negligent homicide (§ 22-208) or assault with a dangerous weapon (§ 22-402, the vehicle as the weapon). Those are felonies with prison terms far exceeding the misdemeanor cap.

D.C. Law 25-161, effective April 20, 2024, amended the DUI and OWI penalty statutes (§ 50-2206.13 and § 50-2206.15). However, the amendment is NOT YET IN EFFECT: under § 8 of the law, the changes are 'subject to the inclusion of the law's fiscal effect in an approved budget and financial plan' and therefore 'have not been implemented.' This page reflects the operative pre-25-161 text (current as of the May 2024 last-modified date). Re-check the budget status before relying on any 25-161 changes.