In the District, a Driving Under the Influence (DUI) charge applies to a person who is operating or is in control of a vehicle while under the influence of alcohol or a drug or a combination of the two.
There are three different ways in which a person can incur a DUI charge.
- One way is when a driver who is over 21 years of age operates a vehicle when that person has a blood alcohol concentration (BAC) that is at or above the legal limit for the District of Columbia. In the District, the legal limit is 0.08.
- If the driver is under the age of 21, that person may not drive if they have any measurable amount of alcohol in their blood, breath, or urine.
- A person may also be charged with a DUI if, in addition to or in combination with a BAC reading, the officer detects other signs of impairment from a structured field sobriety test and from observations of the person’s driving behavior.
The District has an implied consent law. If you are arrested for a DUI charge and you refuse to undergo a chemical test, your license will automatically be suspended for a year, and you will have to pay a fine.
If you are convicted of a DUI charge, mandatory jail time will be imposed if:
- A minor is present in the vehicle.
- A person is driving impaired with a Schedule 1 substance, Cocaine, PCP, Methadone, or Morphine in his/her system.
- A person is driving a commercial vehicle.
- A person has a prior conviction for an impaired driving offense.
21 and Up
Infraction
Penalty
DUI based upon:
- A BAC of 0.08% or above for a person 21 or older)
1st Offense
Maximum penalty 180-day imprisonment and/or $1,000 fine AND 6-month license revocation
2nd Offense
Maximum penalty one year of imprisonment and/or $2,500-$5,000 fine AND one-year license revocation
3rd Offense
Maximum penalty one year of imprisonment and/or $2,500-$10,000 fine AND two-year license revocation
4th & Subsequent Offense
Maximum penalty one year of jail time and/or $2,500-$10,000 fine AND two-year license revocation
Maximum penalty 180-day imprisonment and/or $1,000 fine AND 6-month license revocation
2nd Offense
Maximum penalty one year of imprisonment and/or $2,500-$5,000 fine AND one-year license revocation
3rd Offense
Maximum penalty one year of imprisonment and/or $2,500-$10,000 fine AND two-year license revocation
4th & Subsequent Offense
Maximum penalty one year of jail time and/or $2,500-$10,000 fine AND two-year license revocation
Additional penalty includes the following mandatory minimum jail time:
- Breath or Blood Alcohol Content below 0.20%
- Urine Alcohol content below 0.25%
1st Offense – None
2nd Offense – 10 days
3rd Offense – 12 days
4th and Subsequent Offense – 45 days (plus 30 days for each subsequent offense)
2nd Offense – 10 days
3rd Offense – 12 days
4th and Subsequent Offense – 45 days (plus 30 days for each subsequent offense)
- Breath or Blood Alcohol Content 0.20% – 0.25%
- Urine Alcohol content at 0.25% – 0.32%
1st Offense – 10 days
2nd Offense – 25 days
3rd Offense – 35 days
4th and Subsequent Offense – 65 days (Plus 30 days for each subsequent offense)
2nd Offense – 25 days
3rd Offense – 35 days
4th and Subsequent Offense – 65 days (Plus 30 days for each subsequent offense)
- Breath or Blood Alcohol Content 0.25% – 0.30%
- Urine Alcohol content at 0.32% – 0.39%
1st Offense – 15 days
2nd Offense – 30 days
3rd Offense – 40 days
4th and Subsequent Offense – 70 days (Plus 30 days for each subsequent offense)
2nd Offense – 30 days
3rd Offense – 40 days
4th and Subsequent Offense – 70 days (Plus 30 days for each subsequent offense)
- Breath or Blood Alcohol Content greater than 0.30%
- Urine Alcohol content greater than 0.39%
1st Offense – 20 days
2nd Offense – 35 days
3rd Offense – 45 days
4th and Subsequent Offense – 75 days (Plus 30 days for each subsequent offense)
2nd Offense – 35 days
3rd Offense – 45 days
4th and Subsequent Offense – 75 days (Plus 30 days for each subsequent offense)
Looking to sell alcohol in DC? Read up on DC laws.
21 and Under
A Driving While Intoxicated (DWI) charge applies to anyone younger than 21 who is caught driving with a BAC higher than 0.00%.
What’s the law?
What happens when you break the law?
It’s illegal for anyone under 21 years of age to purchase, attempt to purchase, possess, or drink an alcohol beverage in D.C.
1st Violation – Fine up to $300 AND suspension of driving privileges for 90 days.
2nd Violation – Fine up to $600 AND suspension of driving privileges for 180 days.
3rd Violation – Fine up to $1,000 AND suspension of driving privileges for one year.
2nd Violation – Fine up to $600 AND suspension of driving privileges for 180 days.
3rd Violation – Fine up to $1,000 AND suspension of driving privileges for one year.
It’s illegal to have a fake ID.
Getting caught with a fake ID can result in Driver’s License suspension. If you present a fake ID to enter a bar or club, you may face criminal charges.
1st Violation – Fine up to $300 AND suspension of driving privileges for 90 days.
2nd Violation – Fine up to $600 AND suspension of driving privileges for one 180 days.
3rd Violation – Fine up to $1000 AND suspension of driving privileges for one year.
1st Violation – Fine up to $300 AND suspension of driving privileges for 90 days.
2nd Violation – Fine up to $600 AND suspension of driving privileges for one 180 days.
3rd Violation – Fine up to $1000 AND suspension of driving privileges for one year.
It is illegal for anyone under 21 who has a blood alcohol concentration level above 0.00% to drive.
1st Violation – DUI charge with up to 180 days imprisonment, a fine up to $1,000, AND license suspension for six months.
2nd Violation (Within 15 years) – DUI charge with up to one year imprisonment, a fine up to $5,000, AND license suspension for one year.
3rd Violation (Within 15 years) – DUI charge with up to one year imprisonment, a fine up to $10,000, AND license suspension for one year.
Other Possible Charges – Child endangerment, possession of false identification, moving and vehicle maintenance violations.
2nd Violation (Within 15 years) – DUI charge with up to one year imprisonment, a fine up to $5,000, AND license suspension for one year.
3rd Violation (Within 15 years) – DUI charge with up to one year imprisonment, a fine up to $10,000, AND license suspension for one year.
Other Possible Charges – Child endangerment, possession of false identification, moving and vehicle maintenance violations.
Did you just get a job at a restaurant that sells alcohol?
- You must be at least 21 years old to qualify as a bartender in DC.
- An 18-year-old can serve alcohol as part of his or her job at a licensed establishment.
