• State Penal Code – DC Code sections 50-2205.02 to 2206.56
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes – once or twice a month
• Alcohol Exclusion Laws Limiting Treatment – None

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in the District of Columbia  are:

1st Refusal

• 1 year license suspension

2nd Refusal

• 1 year license suspension

3rd Refusal

• 1 year license suspension

• In the District of Columbia the lookback period is 15 years
• Any arrest for DUI/DWI within 15 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .01% or more will be charged with DUI/DWI
• Penalties for DUI/DWI are the same for drivers of all ages

• See Below

1st Offense

• 6 month license revocation

• $300 – $1000 fine

• Prison (180 day maximum)

2nd Offense

• 1 year license revocation

• $2500 – $5000 fine

• Prison (10 day minimum, 1 year maximum)
• you will be required to attend a state approved alcohol evaluation program

• A charge of Aggravated DUI/DWI will add mandatory jail time even for a first offense
• The amount of time is dependent on your measured BAC
• .20 adds 10 days, .25 adds 10 to 15 days, and .30 adds 20 days
• These penalties are in addition to the above normal DUI/DWI penalties

• This is a special state sponsored program for first time offenders
• In order to qualify you must meet certain criteria
• You must have no prior convictions or charges pending, and you must not be participating in any other drug or alcohol program
• If your infraction caused any kind of bodily injury to another you will be disqualified
• Should you meet all the conditions and complete the program, your DUI/DWI charge will be dismissed

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In The District of Columbia an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• The District of Columbia does not allow for plea bargains in DUI/DWI cases therefore Wet Reckless does not apply