riving Under the Influence in Washington, D.C. Can come with some considerable penalties, especially when a suspected driver refuses to submit to a Breathalyzer test upon being pulled over. The blood alcohol concentration (BAC) levels that constitute a DUI in the district are much like any other. A driver over the age of 21 with a BAC of .08 or greater can immediately be arrested for a DUI. Washington also joins the majority of the nation in enforcing what is generally referred to as Zero Tolerance Laws. Under this legislation, any driver who is under the age of 21 that has a BAC of .02 or above can be convicted of a DUI. Additionally, commercial DUI restrictions are in place that differ from the conventional DUI, BAC limits. Any commercial driver can be arrested for this infraction with a reading of .04 percent or greater.
Washington has implied consent laws in place as well. These ordinances require that drivers submit to testing for alcohol and other substances when the arresting officer has reason to believe that the driver may be under the influence. Refusal to submit to this testing can result in additional fines and punishment. Drivers who are unable to submit to this testing due to unconsciousness or any other reasons may also be subject to these penalties. Refusing to submit to an intoxication test on the first through third offenses can result in a license suspension of one year.
Repercussions for Violating Washington D.C. DUI Laws
In terms of convictions for the first DUI on an individual’s record, jail time can be incurred in addition to electronic home monitoring. There is no minimum jail sentence for first-time DUI offenders; however, they can face fines up to $1,000. The second offense can come with two days to a year in jail with monitoring for up to 30 days.
This state also observes aggravated DUIs, which are penalties for drivers who record a higher BAC reading. Levels at or above .15 will open the door to greater fines and penalties. Drivers who are convicted of this infraction face fines between $1,120 and $5,000. There is also the possibility of an automatic license suspension for the period of one year. The state also typically requires the use of ignition interlock devices during sentencing. First offenses can come with a minimum amount of time in jail that ranges between one and 90 days in jail, depending upon the history of offenses.
A DUI in Washington will be considered a felony when a driver has a history of DUIs, especially ones that fall into the category of aggravated. Most people receive convictions under the heading of “Gross Misdemeanors.” However, DUIs that result in the injury or death of another individual are extremely likely to be deemed a felony even when it is a driver’s first offense.
Changes to Washington D.C. DUI Laws in 2012
In July of 2012, the mayor of D.C. signed the Comprehensive Impaired Driving Act. The legislation strengthened the penalties for first-time DUI offenders and drivers who record higher BAC levels. First-time offenders can now be sentenced to a maximum of 180 days. The previous maximum was 90 days. Drivers who record a BAC of .20 now receive a mandatory jail sentence of 10 days. The old minimum was five days.