DUI in DC

DUI in the District of Columbia

Driving under the influence of Alcohol or a Drug:  did operate or was in possession or was in physical control of any vehicle in the District: (1) while intoxicated; or (2) while under the influence of alcohol or drug or any combination thereof in violation DC Code 50-2206.11 (2013), for which a penalty is provided in DC Code 50-2206.12; DC Code 50-2206.17; DC Code 50-2206.18:

Elements for the Offense of DUI in the District of Columbia

Accordingly, there are 2 elements must prove that you are guilty of DUI in the District of Columbia:

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.

Penalties for the offense of DUI in the District of Columbia

(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.

(b) 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-day mandatory-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.

(e) The fines set forth in this section shall not be limited by § 22‑3571.01.

OWI in the District of Columbia

Operating a Vehicle While Impaired: did operate or was in physical control of any vehicle in the District while impaired by the consumption of alcohol or any drug or any combination thereof in violation of DC Code 50-2206.14(2013), for which a penalty is provided in DC Code 50-2206.15 (2013)

Elements for the Offense OWI in the District of Columbia

No person shall operate or be in physical control of any vehicle in the District:

(1) is impaired by the consumption of alcohol or any drug or any combination thereof.

Penalties for the Offense OWI in the District of Columbia

(a) Except as provided in subsections (b) and (c) of this section, a person violating § 50‑2206.14shall upon conviction for the first offense be fined $500, or incarcerated for not more than 90 days, or both.

(b) A person violating any provision of § 50‑2206.14 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 $1,000 and not more than $2,500, or incarcerated for not more than one year, or both; provided, that a 5-day mandatory-minimum term of incarceration shall be imposed.

(c) A person violating any provision of § 50‑2206.14 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 $1,000 and not more than $5,000, or incarcerated for not more than one year, or both; provided, that a 10-day mandatory-minimum term of incarceration shall be imposed.

(d) The fines set forth in this section shall not be limited by § 22‑3571.01.