District of Columbia Code sections 50-2205.02 to 2206.56
SUBCHAPTER III
DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL
Section
50-2205.01. Prima facie evidence of intoxication; relevant evidence of use of intoxicating liquor. [Repealed].
50-2205.02. Evidence of intoxication. [Repealed].
50-2205.03. Admissibility of test results. [Repealed].
50-2205.01. Prima facie evidence of intoxication; relevant evidence of use of intoxicating liquor. [Repealed]
Repealed.
History
(Mar. 4, 1958, 72 Stat. 30, 31, Pub. L. 85-338, 1, 2; Oct. 21, 1972, 86 Stat. 1018, Pub. L. 92-519, 8; Sept. 14, 1982, D.C. Law 4-145, 11(a), 29 DCR 3138.)
Annotations
Prior Codifications. 1981 Ed., 40-717.
1973 Ed., 40-609a.
Legislative History of Law 4-145. For legislative history of D.C. Law 4-145, see Historical and Statutory Notes following 50-2201.03.
Editor’s Notes Section 103(a) and (e)(1) of D.C. Law 19-266 designated D.C. Law 4-145, 2 and 3 as Subtitle A of Title I of the act.
Section 103(b) of D.C. Law 19-266 designated D.C. Law 4-145, 4 to 11 as Title II of the act.
Section 103(c) of D.C. Law 19-266 designated D.C. Law 4-145, 12 and 13 as Title III of the act.
Section 103(d) of D.C. Law 19-266 designated D.C. Law 4-145, 14 as Title IV of the act.
50-2205.02. Evidence of intoxication. [Repealed].
Repealed.
History
(Sept. 14, 1982, D.C. Law 4-145, 2, 29 DCR 3138; Mar. 9, 1983, D.C. Law 4-714, 4, 5, 29 DCR 5753; May 5, 1992, D.C. Law 9-96, 2(a), 38 DCR 7274; Feb. 5, 1994, D.C. Law 10-68, 33, 40 DCR 6311; Apr. 13, 1999, D.C. Law 12-212, 5, 46 DCR 5; Mar. 2, 2007, D.C. Law 16-195, 2, 53 DCR 8675; Dec. 10, 2009, D.C. Law 18-88, 229, 56 DCR 7413; Apr. 27, 2013, D.C. Law 19-266, 103(e)(2)(A), 59 DCR 12957.)
Annotations
Cross References. Implied consent of motor vehicle operators to blood-alcohol content tests, see 50-1901 et seq.
Section References. This section is referenced in 50-1902.
Prior Codifications. 1981 Ed., 40-717.1.
Effect of Amendments. D.C. Law 16-195 rewrote the section.
D.C. Law 18-88, in par. (1), substituted “less than 0.05 grams” for “0.05 grams or less”; and rewrote par. (2).
Temporary Amendment of Section. For temporary (225 day) amendment of section, see 4 of Driving Under the Influence Repeat Offenders Temporary Amendment Act of 2000 (D.C. Law 13-198, October 21, 2000, law notification 47 DCR 8988).
For temporary (225 day) amendment of section, see 2 of Anti-Drunk Driving Clarification Temporary Amendment Act of 2005 (D.C. Law 16-50, February 9, 2006, law notification 53 DCR 1458).
Emergency Legislation. For temporary (90-day) repeal of expiration date of section, see 4 of the Driving Under the Influence Repeat Offenders Emergency Amendment Act of 2000 (D.C. Act 13-382, July 24, 2000, 47 DCR 6697).
For temporary (90 day) amendment of section, see 4 of the Driving Under the Influence Repeat Offenders Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-437, October 20, 2000, 47 DCR 8737).
For temporary (90 day) addition of section, see 2 of Anti-Drunk Driving Clarification Emergency Amendment Act of 2005 (D.C. Act 16-194, November 3, 2005, 52 DCR 10034).
For temporary (90 day) amendment of section, see 2 of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-300, February 27, 2006, 53 DCR 1881).
For temporary (90 day) amendment of section, see 2 of Anti-Drunk Driving Clarification Emergency Amendment Act of 2006 (D.C. Act 16-469, July 31, 2006, 53 DCR 6764).
For temporary (90 day) amendment of section, see 2 of Anti-Drunk Driving Clarification Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-518, October 27, 2006, 53 DCR 9104).
For temporary (90 day) amendment of section, see 2 of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-6, January 16, 2007, 54 DCR 1452).
For temporary (90 day) amendment of section, see 229 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) amendment of section, see 229 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
For temporary (90 day) repeal of section, see 103(e)(2)(A) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).
For temporary codification of D.C. Law 4-145, 2 and 3 ( 50-2205.02 and 50-2205.03), as Part A of this subchapter, entitled “Impaired Operating or Driving,” see 103(a) and (e)(1) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).
For temporary codification of D.C. Law 4-145, 4 to 11 as Title II of the act, see 103(b) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).
For temporary codification of D.C. Law 4-145, 12 and 13 as Title III of the act, see 103(c) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).
For temporary codification of D.C. Law 4-145, 14 as Title IV of the act, see 103(d) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).
For temporary repeal of section, see 103(e)(2)(A) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).
Legislative History of Law 4-145. For legislative history of D.C. Law 4-145, see Historical and Statutory Notes following 50-2201.03.
Legislative History of Law 4-174. For legislative history of D.C. Law 4-174, see Historical and Statutory Notes following 50-2203.01.
Legislative History of Law 9-96. For legislative history of D.C. Law 9-96, see Historical and Statutory Notes following 50-2201.02.
Legislative History of Law 10-68. For legislative history of D.C. Law 10-68, see Historical and Statutory Notes following 50-2201.05.
Legislative History of Law 12-212. For legislative history of D.C. Law 12-212, see Historical and Statutory Notes following 50-2201.05.
Legislative History of Law 16-195. For Law 16-195, see notes following 50-406.
Legislative History of Law 18-88. For Law 18-88, see notes following 50-1731.06.
Legislative History of Law 19-266. See note to 50-2201.02.
Expiration of law Expiration of Law 12-212. Section 8(b) of D.C. Law 12-212, which provided that the act shall expire on September 30, 2000, was repealed by section 4 of D.C. Law 13-238.
Editor’s Notes Mayor authorized to issue rules: Section 12 of D.C. Law 4-145 provided that the Mayor shall issue rules to implement the provisions of the act.
50-2205.03. Admissibility of test results. [Repealed].
Repealed.
History
(Sept. 14, 1982, D.C. Law 4-145, 3, 29 DCR 3138; Mar. 9, 1983, D.C. Law 4-174, 6, 29 DCR 5753; May 5, 1992, D.C. Law 9-96, 2(b), 38 DCR 7274; Apr. 27, 2013, D.C. Law 19-266, 103(e)(2)(B), 59 DCR 12957.)
Annotations
Cross References. Alcoholic beverage control, preliminary alcohol breath test results, admissibility, see 25-1006.
Section References. This section is referenced in 25-1006.
Prior Codifications. 1981 Ed., 40-717.2.
Emergency Legislation. For temporary (90 day) repeal of section, see 103(e)(2)(B) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).
For temporary (90 day) addition of sections, see 103(e)(2)(C), (e)(3) of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).
For temporary repeal of section, see 103(e)(2)(B) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).
For temporary addition of D.C. Law 4-145, 3a, see 103(e)(2)(C) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).
For temporary addition of D.C. Law 4-145, 3b through 3i, codified as Part B of this subchapter, see 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).
For temporary addition of D.C. Law 4-145, 3j through 3o, codified as Part C of this subchapter, see 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).
For temporary addition of D.C. Law 4-145, 3p through 3x, codified as Part D of this subchapter, see 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).
Legislative History of Law 4-145. For legislative history of D.C. Law 4-145, see Historical and Statutory Notes following 50-2201.03.
Legislative History of Law 4-174. For legislative history of D.C. Law 4-174, see Historical and Statutory Notes following 50-2203.01.
Legislative History of Law 9-96. For legislative history of D.C. Law 9-96, see Historical and Statutory Notes following 50-2201.02.
Legislative History of Law 19-266. See note to 50-2201.02.
Editor’s Notes Mayor authorized to issue rules: See Historical and Statutory Notes following 50-2205.02.
SUBCHAPTER III-A
IMPAIRED OPERATING OR DRIVING
Part A
Definitions.
50-2206.01. Definitions.
Part B
Operating a Vehicle.
50-2206.11. Driving under the influence of alcohol or a drug.
50-2206.12. Driving under the influence of alcohol or a drug; commercial vehicle.
50-2206.13. Penalties for driving under the influence of alcohol or a drug.
50-2206.14. Operating a vehicle while impaired.
50-2206.15. Penalty for operating a vehicle while impaired.
50-2206.16. Operating under the influence of alcohol or a drug; horse-drawn vehicle.
50-2206.17. Additional penalty for driving under the influence of alcohol or a drug; commercial vehicle.
50-2206.18. Additional penalty for impaired driving with a minor in vehicle.
Part C
Operating a Watercraft.
50-2206.31. Operating under the influence of alcohol or a drug; watercraft.
50-2206.32. Penalties for operating watercraft under the influence of alcohol or a drug.
50-2206.33. Operating a watercraft while impaired.
50-2206.34. Penalties for operating watercraft while impaired.
50-2206.35. Harbor Master public awareness campaign.
50-2206.36. Additional penalty for impaired operating with a minor in the watercraft.
Part D
Enforcement.
50-2206.51. Evidence of impairment.
50-2206.52. Admissibility of chemical test results.
50-2206.52a. Presence or testimony of person maintaining breath test instrument in a criminal proceeding.
50-2206.52b. Notification regarding admissibility of breath test results in a criminal proceeding.
50-2206.52c. Admissibility of chemical test results for a criminal proceeding; blood or urine.
50-2206.53. Prosecution and diversionary program.
50-2206.54. Assessment of alcohol or drug abuse and treatment.
50-2206.55. Revocation of permit or privilege to drive.
50-2206.56. Impounding of vehicle; release of vehicle; liability.
50-2206.57. Mandatory-minimum periods.
50-2206.58. Fines.
50-2206.59. Effect of later repeal or amendment.
PART A
DEFINITIONS
50-2206.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Active metabolite” means an active form of a drug after it has been processed by the body.
(2) “Alcohol” means a liquid, gas, or solid, containing ethanol from whatever source or by whatever processes produced, whether or not intended for human consumption.
(3) “Chemical test” or “chemical testing” means any qualitative or quantitative procedure which is designed to demonstrate the existence or absence of a chemical compound or chemical group. Any handheld and portable breath testing instrument, otherwise known as a roadside breath test, is excluded from this definition.
(4) “Commercial vehicle” means a vehicle used to transport passengers or property:
(A) If the vehicle has a gross vehicle weight rating of greater than 26,000 pounds or a lesser rating as determined by federal regulation but not less than a gross vehicle weight rating of 10,001 pounds;
(B) If the vehicle is designed to transport more than 15 passengers, including the driver;
(C) If the vehicle is a locomotive or a streetcar;
(D) If the vehicle is used to transport a material found to be hazardous by the Mayor in accordance with Chapter 14 of Title 8 [ 8-1401 et seq.], or by the Secretary of Transportation in accordance with the Hazardous Materials Transportation Act, approved January 3, 1975 (88 Stat. 2156; 49 U.S.C. 1801 et seq.); or
(E) If the vehicle is a vehicle for hire.
(5) “Court” means the Superior Court of the District of Columbia, except when used in the definition of “prior offense” when it shall also include courts of other jurisdictions.
(6) “Drug” means any chemical substance that affects the processes of the mind or body, including but not limited to a controlled substance as defined in 48-901.02(4), and any prescription or non-prescription medication.
(7) “Highway” means any street, road, or public thoroughfare, or the entire width between the boundary lines of every publicly or privately maintained way, when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel.
(8) “Impaired” means a 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.
(9) “Intoxicated” means:
(A) Except as provided in sub-paragraph (B) of this paragraph, that:
(i) An alcohol concentration at the time of testing of 0.08 grams or more per 100 milliliters of the person’s blood or per 210 liters of the person’s breath, or of 0.10 grams or more per 100 milliliters of the person’s urine; or
(ii) Any measurable amount of alcohol in the person’s blood, urine, or breath if the person is under 21 years of age.
(B) If operating or in physical control of a commercial vehicle, that:
(i) An alcohol concentration at the time of testing of 0.04 grams or more per 100 milliliters of the person’s blood or per 210 liters of the person’s breath, or of 0.08 grams or more per 100 milliliters of the person’s urine; or
(ii) Any measurable amount of alcohol in the person’s blood, urine, or breath if the person is under 21 years of age.
(10) “Law enforcement officer” means a sworn member of the Metropolitan Police Department or a sworn member of any other police force operating in the District of Columbia.
(11) “Mandatory-minimum term of incarceration” means a term of incarceration which shall be imposed and cannot be suspended by the court. The person shall not be released or granted probation, or granted suspension of sentence before serving the mandatory-minimum sentence.
(12) “Mayor” means the Mayor of the District of Columbia or his or her designee.
(13) “Measurable amount” means any amount of alcohol capable of being, but not required to be, measured.
(14) “Minor” means a person under the age of 18 years.
(15) “Motor vehicle” means all vehicles propelled by internal-combustion engines, electricity, or steam. The term “motor vehicle” shall not include traction engines, road rollers, vehicles propelled only upon rails or tracks, personal mobility devices, as defined by paragraph (16) of this section, or a battery-operated wheelchair when operated by a person with a disability.
(16) “Personal mobility device” or “PMD” means a motorized propulsion device designed to transport one person or a self-balancing, 2 non-tandem wheeled device, designed to transport only one person with an electric propulsion system, but does not include a battery-operated wheelchair.
(17) “Prior offense” means any guilty plea or verdict, including a finding of guilty in the case of a juvenile, for an offense under District law or a disposition in another jurisdiction for a substantially similar offense which occurred before the current offense regardless of when the arrest occurred. The term “prior offense” does not include an offense where the later of any term of incarceration, supervised release, parole, or probation ceased or expired more than 15 years before the arrest on the current offense.
(18) “Specimen” means that quantity of a person’s blood, breath, or urine necessary to conduct chemical testing to determine alcohol or drug content. A single specimen may be comprised of multiple breaths into a breath test instrument if necessary to complete a valid breath test, or a single blood draw or single urine sample regardless of how many times the blood or urine sample is tested.
(19) “This sub-chapter” includes all lawful regulations issued there under by the Council of the District of Columbia and all lawful rules issued thereunder by the Mayor of the District of Columbia or his designated agent.
(20) “Traffic” includes not only motor vehicles but also all vehicles, pedestrians, and animals, of every description.
(21) “Vehicle” includes any appliance moved over a highway on wheels or traction tread, including street cars, draft animals, and beasts of burden.
(22) “Vehicle for hire” means:
(A) Any motor vehicle operated in the District by a private concern or individual as an ambulance, funeral car, sightseeing vehicle, or for which the rate is fixed solely by the hour;
(B) Any motor vehicle operated in the District by a private concern used for services including transportation paid for by a hotel, venue, or other third party;
(C) Any motor vehicle used to provide transportation within the District between fixed termini or on a schedule, including vehicles operated by the Washington Metropolitan Area Transit Authority or other public authorities, not including rental cars; or
(D) Any other vehicle that provides transportation for a fee not operated on a schedule or between fixed termini and operating in the District, including taxicabs, limousines, party buses, and pedicabs.
(23) “Watercraft” means a boat, ship, or other craft used for water transportation, as well as water skis, an aquaplane, a sailboard, or a similar vessel.
History
(Sept. 14, 1982, D.C. Law 4-145, 3a, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(2)(C), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-2201.02.
Editor’s Notes As amended by D.C. Law 19-266, this section had two subdivisions designated as (2), but no subdivision (4). Consequently, the second subdivision (2) and subdivision (3) were redesignated as (3) and (4), respectively.
Section 103(a) and (e)(1) of D.C. Law 19-266 designated D.C. Law 4-145, 2 and 3 as Subtitle A of Title I of the act.
Section 103(b) of D.C. Law 19-266 designated D.C. Law 4-145, 4 to 11 as Title II of the act.
Section 103(c) of D.C. Law 19-266 designated D.C. Law 4-145, 12 and 13 as Title III of the act.
Section 103(d) of D.C. Law 19-266 designated D.C. Law 4-145, 14 as Title IV of the act.
PART B
OPERATING A VEHICLE
50-2206.11. Driving under the influence of alcohol or a drug.
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.
History
(Sept. 14, 1982, D.C. Law 4-145, 3b, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-2201.02.
50-2206.12. Driving under the influence of alcohol or a drug; commercial vehicle.
No person shall operate or be in physical control of any commercial 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.
History
(Sept. 14, 1982, D.C. Law 4-145, 3c, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-2201.02.
50-2206.13. Penalties for driving under the influence of alcohol or a drug.
(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.
History
(Sept. 14, 1982, D.C. Law 4-145, 3d, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, 113(f)(1), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
The 2013 amendment by D.C. Law 19-317 added (e).
Legislative History of Law 19-266. See note to 50-2201.02.
Legislative History of Law 19-317. See note to 50-2201.03.
Editor’s Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
50-2206.14. Operating a vehicle while impaired.
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.
History
(Sept. 14, 1982, D.C. Law 4-145, 3e, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-2201.02.
50-2206.15. Penalty for operating a vehicle while impaired.
(a) Except as provided in subsections (b) and (c) of this section, a person violating 50-2206.14 shall 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.
History
(Sept. 14, 1982, D.C. Law 4-145, 3f, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, 113(f)(2), 60 DCR 2064.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
The 2013 amendment by D.C. Law 19-317 added (d).
Legislative History of Law 19-266. See note to 50-2201.02.
Legislative History of Law 19-317. See note to 50-2201.03.
Editor’s Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
50-2206.16. Operating under the influence of alcohol or a drug; horse-drawn vehicle.
(a) No person shall operate or be in the physical control of any horse-drawn vehicle while under the influence of alcohol or any drug or any combination thereof.
(b) A person violating the provisions of this section shall, upon conviction, shall be fined not more than the amount set forth in 22-3571.01, or be incarcerated for not more than 90 days, or both.
(c) Civil penalties and fees may be imposed as alternative sanctions for any violation of this section in accordance with the procedures under Chapter 14 of Title 8 [8-1401 et seq.].
History
(Sept. 14, 1982, D.C. Law 4-145, 3g, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, 272, 60 DCR 2064.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in 22-3571.01” for “$500” in (b).
Legislative History of Law 19-266. See note to 50-2201.02.
Legislative History of Law 19-317. See note to 50-2201.03.
Editor’s Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
50-2206.17. Additional penalty for driving under the influence of alcohol or a drug; commercial vehicle.
A person violating any provision of 50-2206.12 shall, in addition to any applicable penalty under section 50-2206.13, be subject to an additional 5 day mandatory-minimum term of incarceration.
History
(Sept. 14, 1982, D.C. Law 4-145, 3h, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-2201.02.
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.
(b) The fines set forth in this section shall not be limited by 22-3571.01.
History
(Sept. 14, 1982, D.C. Law 4-145, 3i, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, 113(f)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
The 2013 amendment by D.C. Law 19-317 redesignated the existing provisions as (a); and added (b).
Legislative History of Law 19-266. See note to 50-2201.02.
Legislative History of Law 19-317. See note to 50-2201.03.
Editor’s Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
PART C
OPERATING A WATERCRAFT
50-2206.31. Operating under the influence of alcohol or a drug; watercraft.
No person shall operate or be in physical control of any watercraft 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.
History
(Sept. 14, 1982, D.C. Law 4-145, 3j, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-2201.02.
50-2206.32. Penalties for operating watercraft under the influence of alcohol or a drug.
(a) Except as provided in subsections (b) and (c) of this section, a person violating any provision of 50-2206.31 shall upon conviction for the first offense be fined $1,000, or incarcerated for not more than 180 days, or both.
(b) A person violating any provisions of 50-2206.31 when the person has a prior offense under 50-2206.31 or 50-2206.33 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.
(c) A person violating any one or more provisions of 50-2206.31 when the person has 2 or more prior offenses under 50-2206.31 or 50-2206.33 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.
(d) The fines set forth in this section shall not be limited by 22-3571.01.
History
(Sept. 14, 1982, D.C. Law 4-145, 3k, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, 113(f)(4), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
The 2013 amendment by D.C. Law 19-317 added (d).
Legislative History of Law 19-266. See note to 50-2201.02.
Legislative History of Law 19-317. See note to 50-2201.03.
Editor’s Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
50-2206.33. Operating a watercraft while impaired.
No person shall operate or be in physical control of any watercraft in the District while the person’s ability to operate a watercraft in the District is impaired by the consumption of alcohol or any drug or any combination thereof.
History
(Sept. 14, 1982, D.C. Law 4-145, 3l, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-2201.02.
50-2206.34. Penalties for operating watercraft while impaired.
(a) Except as provided in subsections (b) and (c) of this section, a person violating 50-2206.33 shall upon conviction for the first offense be fined $250, or incarcerated for not more than 30 days, or both.
(b) A person violating 50-2206.33 when the person has a prior offense under 50-2206.31 or 50-2206.33 and is being sentenced on the current offense shall be fined not more than $2,500, or incarcerated for not more than 180 days, or both.
(c) A person violating 50-2206.33 when the person has 2 or more prior offenses under 50-2206.31 or 50-2206.33 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.
(d) The fines set forth in this section shall not be limited by 22-3571.01.
History
(Sept. 14, 1982, D.C. Law 4-145, 3m, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, 113(f)(5), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
The 2013 amendment by D.C. Law 19-317 added (d).
Legislative History of Law 19-266. See note to 50-2201.02.
Legislative History of Law 19-317. See note to 50-2201.03.
Editor’s Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
50-2206.35. Harbor Master public awareness campaign.
The Harbor Master shall be directly responsible for enforcing this part and shall ensure that the public is made aware of the District’s aggressive enforcement policy through a continual public awareness campaign.
History
(Sept. 14, 1982, D.C. Law 4-145, 3n, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-2201.02.
50-2206.36. Additional penalty for impaired operating with a minor in the watercraft.
A person convicted of any offense under this part who, at the time of operation or physical control of the watercraft had a minor, other than him or herself, in the watercraft, shall, in addition to any applicable penalty under this part, be fined a minimum of $500 and not more than $1,000 per minor, and be incarcerated a mandatory-minimum term of incarceration of 5 days per minor. The fines set forth in this section shall not be limited by 22-3571.01.
History
(Sept. 14, 1982, D.C. Law 4-145, 3o, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, 113(f)(6), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
The 2013 amendment by D.C. Law 19-317 added the last sentence.
Legislative History of Law 19-266. See note to 50-2201.02.
Legislative History of Law 19-317. See note to 50-2201.03.
Editor’s Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
PART D
ENFORCEMENT
50-2206.51. Evidence of impairment.
(a) If as a result of the operation or the physical control of a vehicle, or a watercraft, a person is tried in any court of competent jurisdiction within the District of Columbia for operating or being in physical control of a vehicle, or a watercraft, while under the influence of alcohol in violation of 50-2206.11, 50-2206.12, or 50-2206.31, negligent homicide in violation of 50-2203.01, or manslaughter committed in the operation of a vehicle in violation of 22-2105, and in the course of the trial there is received, based upon chemical tests, evidence of alcohol in the defendant’s blood, breath, or urine, such evidence shall:
(1) If the defendant’s alcohol concentration at the time of testing was less than 0.05 grams per 100 milliliters of blood or per 210 liters of breath or 0.06 grams or less per 100 milliliters of urine, establish a rebuttable presumption that the person was not, at the time, under the influence of alcohol.
(2) If the defendant’s alcohol concentration at the time of testing was 0. 05 grams or more per 100 milliliters of blood or per 210 liters of breath or more than 0.06 grams of per 100 milliliters of urine, but less than 0.08 grams per 100 milliliters of blood or per 210 liters of breath or less than 0.10 grams per 100 milliliters of urine, constitute prima facie proof that the person was, at the time, under the influence of alcohol.
(b) The rebuttable presumption contained in subsection (a)(1) of this section shall not apply if:
(1) There is evidence that the person is impaired by a drug;
(2) The defendant was operating or in physical control of a commercial vehicle; or
(3) The defendant, at the time of arrest, was under the age of 21.
History
(Sept. 14, 1982, D.C. Law 4-145, 3p, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-2201.02.
50-2206.52. Admissibility of chemical test results.
(a) Evidence from breath tests shall not be admitted in a criminal proceeding unless compliance with the following criteria has been shown:
(1) The breath test instrument on which the breath test was conducted was operated by either a certified breath test operator or certified technician;
(2) A certified breath test operator or certified technician observed the administration of the breath test and determined that no contamination by mouth alcohol occurred;
(3) A reference standard was analyzed in conjunction with the subject analyses, and the analytical results of the reference standard agreed with the predicted value within the acceptable range set by regulation pursuant to 5-1501.07;
(4) Duplicate breath specimens were collected from the person and the analytical results of the paired breath specimens were within the acceptable range set by regulation pursuant to 5-1501.07;
(5) The breath test instrument analytically demonstrates the absence of ethanol before the testing of each breath specimen;
(6) Analytical results are expressed in grams of alcohol per 210 liters of breath (g/210L); and
(7) The instrument on which the breath test was conducted had been tested within 180 days before the breath test and had been found to be accurate.
(b) (1) Records of maintenance, set by regulation pursuant to 5-1501.07, shall be admissible in any proceeding as evidence of the operating condition of the breath test instrument at the time of the person’s breath test.
(2) Records of maintenance demonstrating that the instrument was in proper operating condition at the time of the person’s test shall be prima facie evidence that the instrument was functioning properly.
(c) The inability of any person to obtain either the manufacturer’s schematics or software for a quantitative breath testing device shall not affect the admissibility of the results of a breath test pursuant to this section.
History
(Sept. 14, 1982, D.C. Law 4-145, 3q, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957; Apr. 20, 2013, D.C. Law 19-260, 4(a), 60 DCR 1292.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-260 rewrote this section.
The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-260. Law 19-260, the “Breath Test Admissibility in Criminal Proceedings Amendment Act of 2012,” was introduced in Council and assigned Bill No. 19-828. The Bill was adopted on first and second readings on Dec. 4, 2012, and Dec. 18, 2012, respectively. Signed by the Mayor on Jan. 9, 2013, it was assigned Act No. 19-612 and transmitted to Congress for its review. D.C. Law 19-260 became effective on Apr. 20, 2013.
Legislative History of Law 19-266. See note to 50-2201.02.
Editor’s Notes Section 5 of D.C. Law 19-260 provided that the act shall apply as of the effective date of the Comprehensive Impaired Driving and Alcohol Breath Testing Program Amendment Act of 2012, signed by the Mayor on October 24, 2012 (D.C. Act 19-489; 59 DCR 12957), which became D.C. Law 19-266, effective April 27, 2013.
50-2206.52a. Presence or testimony of person maintaining breath test instrument in a criminal proceeding.
(a) The record of a breath test is admissible in court as prima facie evidence of the amount of grams of alcohol per 210 liters of a person’s breath without the testimony of the persons responsible for maintaining the breath test instrument’s proper operating condition if:
(1) The criteria in 50-2206.52(a) have been met;
(2) The record of a breath test is provided to the person, or his or her counsel, within 15 calendar days of arraignment or notice of appearance of counsel, whichever is later; and
(3) There are more than 30 calendar days between the date the breath test is provided to the person, or his or her counsel, and the trial date.
(b) (1) Notwithstanding subsection (a) of this section, a person may demand the presence of the persons responsible for maintaining the breath test instrument’s proper operating condition to provide evidence in the government’s case-in-chief by serving upon the government, in writing, his or her request for the live testimony of the persons responsible for maintaining the breath test instrument’s proper operating condition no later than 15 calendar days before trial.
(2) A person’s failure to file a timely request pursuant to paragraph (1) of this subsection shall constitute a waiver of the person’s right to demand the presence of the persons responsible for maintaining the breath test instrument’s proper operating condition to provide evidence in the government’s case-in-chief.
(c) For the purposes of this section, the term “record of a breath test” means the analytical results of a breath test administered on:
(1) A breath test instrument operated by the Metropolitan Police Department that has been certified as accurate pursuant to 5-1507; or
(2) A breath test instrument operated by other law enforcement agencies that has been certified as accurate by the persons designated by that agency to certify the accuracy of the instrument.
History
(Sept. 14, 1982, D.C. Law 4-145, 3q-1, as added Apr. 20, 2013, D.C. Law 19-260, 4(b), 60 DCR 1292.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-260 added this section.
Legislative History of Law 19-260. See note to 50-2206.52.
Editor’s Notes Section 5 of D.C. Law 19-260 provided that the act shall apply as of the effective date of the Comprehensive Impaired Driving and Alcohol Breath Testing Program Amendment Act of 2012, signed by the Mayor on October 24, 2012 (D.C. Act 19-489; 59 DCR 12957), which became D.C. Law 19-266, effective April 27, 2013.
50-2206.52b. Notification regarding admissibility of breath test results in a criminal proceeding.
Any person upon whom a breath specimen is collected shall be informed, in writing, of the provisions of 50-2206.52 and 50-2206.52a at the time that person is charged.
History
(Sept. 14, 1982, D.C. Law 4-145, 3q-2, as added Apr. 20, 2013, D.C. Law 19-260, 4(b), 60 DCR 1292.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-260 added this section.
Legislative History of Law 19-260. See note to 50-2206.52.
Editor’s Notes Section 5 of D.C. Law 19-260 provided that the act shall apply as of the effective date of the Comprehensive Impaired Driving and Alcohol Breath Testing Program Amendment Act of 2012, signed by the Mayor on October 24, 2012 (D.C. Act 19-489; 59 DCR 12957), which became D.C. Law 19-266, effective April 27, 2013.
50-2206.52c. Admissibility of chemical test results for a criminal proceeding; blood or urine.
The results of chemical testing pertaining to blood or urine used to determine whether the person’s specimens contained alcohol or a drug or any combination thereof may be admissible as evidence in a criminal proceeding if the chemical testing was performed at a forensic laboratory, hospital, other equivalent medical facility, or at a laboratory contracted by a hospital or medical facility to perform chemical testing for specimens supplied by the hospital or equivalent medical facility.
History
(Sept. 14, 1982, D.C. Law 4-145, 3q-3, as added Apr. 20, 2013, D.C. Law 19-260, 4(b), 60 DCR 1292.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-260 added this section.
Legislative History of Law 19-260. See note to 50-2206.52.
Editor’s Notes Section 5 of D.C. Law 19-260 provided that the act shall apply as of the effective date of the Comprehensive Impaired Driving and Alcohol Breath Testing Program Amendment Act of 2012, signed by the Mayor on October 24, 2012 (D.C. Act 19-489; 59 DCR 12957), which became D.C. Law 19-266, effective April 27, 2013.
50-2206.53. Prosecution and diversionary program.
(a) The Attorney General of the District of Columbia, or his or her assistants, shall prosecute violations of this subchapter, in the name of the District of Columbia.
(b) The Attorney General may request that a person who is charged with a violation of any provision of this subchapter, as a condition to acceptance into a diversion program in lieu of prosecution, pay the District of Columbia or its agents a reasonable fee for the costs to the District of the person’s participation in the diversion program; provided, that:
(1) The Attorney General shall set the fee by rule and at a level which the Attorney General determines will not unreasonably discourage persons from entering the diversion program;
(2) The Attorney General may reduce or waive the fee if the Attorney General finds that the person is indigent; and
(3) The Mayor shall determine the provider, the content, and eligibility requirements for any diversion program.
History
(Sept. 14, 1982, D.C. Law 4-145, 3r, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-2201.02.
50-2206.54. Assessment of alcohol or drug abuse and treatment.
Any person convicted of violating sections 50-2206.11, 50-2206.12, 50-2206.14, 50-2206.16, 50-2206.31, or 50-2206.33 who has prior offense under sections 50-2206.11, 50-2206.12, 50-2206.14, 50-2206.16, 50-2206.31, or 50-2206.33, shall have his or her alcohol or drug abuse history assessed and a treatment program prescribed as appropriate.
History
(Sept. 14, 1982, D.C. Law 4-145, 3s, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-2201.02.
50-2206.55. Revocation of permit or privilege to drive.
(a) The Mayor or his or her designated agent shall revoke the operator’s permit or the privilege to drive a motor vehicle in the District of Columbia, or revoke both such permit and privilege, of any person who is convicted or adjudicated a juvenile delinquent as a result of the commission in the District of any of the following offenses:
(1) A violation of sections 50-2206.11, 50-2206.12, 50-2206.14, or 50-2206.16;
(2) A homicide committed by means of a motor vehicle;
(3) A violation of 50-2201.05c or 50-2201.05d;
(4) Aggravated reckless driving;
(5) Operating or being in physical control of a vehicle while intoxicated or impaired by the consumption of alcohol or a drug or any combination thereof where such operation or physical control leads to bodily injury; or
(6) Any felony in the commission of which a motor vehicle is involved.
(b) Whenever a judgment of conviction of any offense set forth in subsection (a) of this section has become final, the clerk of the court in which the judgment was entered shall certify such conviction to the Mayor or his or her designated agent, who shall thereupon take the action required by subsection (a) of this section. A judgment of conviction shall be deemed to have become final for the purposes of this subsection if:
(1) No appeal is taken from the judgment, upon the expiration of the time within which an appeal could have been taken; or
(2) An appeal is taken from the judgment, the date upon which the judgment, having been sustained, can no longer be appealed from or reviewed on a writ of certiorari.
History
(Sept. 14, 1982, D.C. Law 4-145, 3t, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957; June 8, 2013, D.C. Law 19-316, 6, 60 DCR 1713.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
The 2013 amendment by D.C. Law 19-316 substituted “Aggravated reckless driving” for “Reckless driving” in (a)(4).
Legislative History of Law 19-266. See note to 50-2201.02.
Legislative History of Law 19-316. See note to 50-2201.04.
Editor’s Notes Section 8 of D.C. Law 19-316 provided that the act shall apply as of June 1, 2013.
50-2206.56. Impounding of vehicle; release of vehicle; liability.
(a) (1) Except as provided in paragraph (2) of this subsection, when a law enforcement officer arrests a person for a violation of 50-2206.11, 50-2206.12, or 50-2206.14, the law enforcement officer shall cause the motor vehicle which the arrested person operated or controlled to be impounded.
(2) The law enforcement officer shall not cause the vehicle to be impounded if:
(A) A registered owner of the vehicle authorizes the law enforcement officer to release the vehicle to a person:
(i) Who is in the company of the arrested person;
(ii) Who has in his or her immediate possession a valid permit to operate a motor vehicle; and
(iii) Whom the law enforcement officer determines to be in physical condition to operate the vehicle without violating 50-2206.11, 50-2206.12, or 50-2206.14;
(B) A registered owner of the vehicle:
(i) Is present to take custody of the vehicle;
(ii) Has in his or her immediate possession a valid permit to operate a motor vehicle; and
(iii) Is determined by the law enforcement officer to be in physical condition to operate the vehicle without violating 50-2206.11, 50-2206.12, or 50-2206.14; or
(C) The arrested person authorizes the law enforcement officer to release the vehicle to a person:
(i) Who is not in the company of the arrested person;
(ii) Who has in his or her immediate possession a valid permit to operate a motor vehicle;
(iii) Whom the law enforcement officer determines to be in physical condition to operate the vehicle without violating 50-2206.11, 50-2206.12, or 50-2206.14; and
(iv) Who shall take possession of the vehicle within a reasonable period of time from a public parking space to be determined by the arresting law enforcement officer.
(b) (1) Except as provided in paragraph (2) of this subsection or in subsection (c) of this section, an impounded vehicle shall be released:
(A) At any time to a registered owner of the vehicle, other than the arrested person; or
(B) 24 hours after the arrest, to the arrested person.
(2) No vehicle shall be released to a person unless a law enforcement officer determines that the person is in physical condition to operate a motor vehicle without violating 50-2206.11, 50-2206.12, or 50-2206.14.
(3) If the law enforcement officer has a reasonable suspicion that the person is not in the physical condition required by paragraph (2) of this subsection, the law enforcement officer may direct that the person submit specimens for chemical testing to determine whether the person is impaired. The results of the tests may not be used as evidence in any criminal proceeding. If the person refuses to submit specimens for chemical tests, the law enforcement officer may determine that the person does not meet the condition of paragraph (2) of this subsection.
(c) Any motor vehicle that is impounded shall be subject to an impoundment charge of $50, which shall be paid before the release of the motor vehicle. Any motor vehicle that remains impounded and unclaimed for more than 72 hours shall be processed and handled as an abandoned vehicle, and shall be subject to any other charges and costs, including storage fees and relocation costs, as provided and assessed by the Mayor.
(d) (1) Except as provided in paragraph (2)(B) of this subsection, the District of Columbia and its employees may not be liable for damage to property which results from any act or omission in the implementation of any provisions of this section.
(2) (A) The District of Columbia and its employees may be liable for injury to persons which results from any act or omission in the implementation of any provisions of this section.
(B) An employee of the District of Columbia may be liable for injury to persons or damage to property which results from the gross negligence of the employee. The District of Columbia may also be liable for the resulting injury to persons or damage to property if the act or omission of the employee which constitutes gross negligence occurred while the employee was engaged in furthering the governmental interest of the District of Columbia.
History
(Sept. 14, 1982, D.C. Law 4-145, 3u, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-1901.
50-2206.57. Mandatory-minimum periods.
(a) A mandatory-minimum term of incarceration as provided in this subchapter shall be proven to the court by a preponderance of the evidence.
(b) A person sentenced for an offense under this subchapter may be subjected to multiple mandatory-minimum terms of incarceration. Each mandatory-minimum term of incarceration must be served consecutively, except that no combination of mandatory- minimum terms of incarceration shall exceed the maximum penalty for the offense, including any applicable enhancements.
History
(Sept. 14, 1982, D.C. Law 4-145, 3v, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-2201.02.
50-2206.58. Fines.
Notwithstanding any other provision of law, all fines imposed and collected pursuant to this subchapter during fiscal year 2006 and each succeeding fiscal year shall be transferred to the General Fund of the District of Columbia.
History
(Sept. 14, 1982, D.C. Law 4-145, 3w, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-2201.02.
50-2206.59. Effect of later repeal or amendment.
Any violation of any provision of law or regulation issued hereunder which is repealed or amended by this subchapter, and any liability arising under such provisions or regulations may, if the violation occurred or the liability arose prior to such repeal or amendment, be prosecuted to the same extent as if this subchapter had not been enacted.
History
(Sept. 14, 1982, D.C. Law 4-145, 3x, as added Apr. 27, 2013, D.C. Law 19-266, 103(e)(3), 59 DCR 12957.)
Annotations
Effect of Amendments. The 2013 amendment by D.C. Law 19-266 added this section.
Legislative History of Law 19-266. See note to 50-2201.02.
