Jurisdiction: District of Columbia

DUIs in the District

A technical guide to the statutes, intoxication thresholds, and criminal penalties for impaired driving charges in D.C.

DC Code § 50-2206.11"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."

Key terms to understand here are "intoxicated" and "under the influence." In the District, "Intoxicated" is defined by statute—generally, it means a Blood Alcohol Concentration (BAC) of .08.1 However, "any measurable amount" suffices for drivers under 21,2 and a lower threshold applies to commercial drivers.3

Crucially, a BAC below .08 does not guarantee a dismissal. According to the D.C. Court of Appeals, a person is still "under the influence" if they exhibit a:

"level of impairment at which a person is appreciably less able, either mentally or physically or both, to exercise the clear judgment and steady hand necessary to handle as powerful and dangerous a mechanism as a modern automobile with safety to himself and the public."4

Penalties for a DUI in DC

  • First-offense
    Maximum of 180 days in jail and a fine of $1,000. Mandatory minimums (10–20 days) apply depending on intoxication levels or the presence of specific substances.
  • One Prior Conviction
    Mandatory minimum of 10 days, maximum of 1 year, and a fine of $2,500 to $5,000. Minimums may increase to 25 days based on high BAC.
  • Two or More Prior Convictions
    Mandatory minimum of 15 days, maximum of 1 year, and a fine up to $10,000. Additional 30-day minimums for each violation beyond the third offense.

Note: Enhanced penalties apply for commercial operations or if a minor is in the vehicle. Full details at the DC Council Code.

1. D.C. Code § 50–2206.01(9)(A)(i)
2. D.C. Code § 50–2206.01(9)(A)(ii)
3. D.C. Code § 50–2206.01(9)(B)
4. Taylor v. District of Columbia, 49 A.3d 1259, 1267 (D.C. 2012)

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