Chapter 19. Motor Vehicle Operators; Implied Consent to Chemical Testing.

Subchapter I. Chemical Testing.

§ 50–1901. Definitions.

For the purposes of this chapter, the term:

(1) “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.

(2) “Collision” means an impact between the operator’s vehicle, or anything attached to or transported by the vehicle, and anything else, regardless of whether it is a person, a wild or domestic animal, real property, or personal property.

(3) “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;

(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.

(4) “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.

(5) “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.

(6) “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.

(7) “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.

(8) “Intoxicated” means:

(A) Except as provided in subparagraph (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.

(9) “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.

(10) “License” means any operator’s permit or any other license or permit to operate a motor vehicle issued under the laws of the District, including:

(A) Any temporary or learner’s permit;

(B) The privilege of any person to drive a motor vehicle whether or not such person holds a valid license; and

(11) “Mayor” means the Mayor of the District, or his or her designee.

(12) “Measurable amount” means any amount of alcohol capable of being, but not required to be, measured.

(13) “Medical professional” means a physician, registered nurse, licensed practical nurse, or any person who by certification or licensure is qualified to draw blood.

(14) The term "motor vehicle" means all vehicles propelled by internal combustion engines, electricity, or steam. The term "motor vehicle" shall not include personal mobility devices, as the term is defined in § 50-2201.02(13), electric mobility devices, as the term is defined in § 50-2201.02(6A), motorized bicycles, as the term is defined in § 50-2201.02(11A), or a battery-operated wheelchair when operated by a person with a disability.

(15) “Nonresident” shall include any person who is not a resident of the District.

(16) “Nonresident’s operating privilege” means the privilege conferred upon a nonresident by the laws of the District relating to the operation by such person of a motor vehicle, or the use of a vehicle owned by such person, in the District.

(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 prior to 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 such is 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) “Vehicle” means any appliance, conveyance, or carrier that moves over a highway on wheels or traction tread, including street cars, draft animals, and beasts of burden.

(20) “Vehicle for hire” means:

(A) Any motor vehicle operated in the District by a private concern or individual as an ambulance, funeral car, or 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.

(Oct. 21, 1972, 86 Stat. 1016, Pub. L. 92-519, § 1; Sept. 14, 1982, D.C. Law 4-145, § 4(a), 29 DCR 3138; Mar. 15, 1985, D.C. Law 5-176, § 5, 32 DCR 748; May 5, 1992, D.C. Law 9-96, § 3(a), 38 DCR 7274; Mar. 25, 2003, D.C. Law 14-235, § 9, 49 DCR 9788; Mar. 13, 2004, D.C. Law 15-105, § 90(a), 51 DCR 881; Mar. 6, 2007, D.C. Law 16-224, § 208, 53 DCR 10225; Apr. 27, 2013, D.C. Law 19-266, § 101(c)(1), 59 DCR 12957; Mar. 16, 2021, D.C. Law 23-203, § 208, 67 DCR 13886.)

Prior Codifications

1981 Ed., § 40-501.

1973 Ed., § 40-1001.

Section References

This section is referenced in § 5-1419.

Effect of Amendments

D.C. Law 14-235 rewrote par. (8) which had read as follows: “(8) The term ‘motor vehicle’ means all vehicles propelled by internal-combustion engines, electricity, or steam. The term ‘motor vehicle’ shall not include battery-operated wheelchairs when operated by a handicapped person at speeds not exceeding 10 miles per hour.”

D.C. Law 15-105, in par. (8), validated a previously made technical correction.

D.C. Law 16-224, in par. (8), revived the provisions of D.C. Law 14-235 that expired on October 1, 2005, and substituted “personal mobility devices, as defined by § 50-2201.02(12), or a battery-operated wheelchair when operated by a person with a disability” for “electric personal assistive mobility devices, as defined by § 50-2201.02(12), and battery-operated wheelchairs when operated by a handicapped person at speeds not exceeding 10 miles per hour”.

D.C. Law 16-305, in par. (8), purported to substitute “person with a disability” for “handicapped person”.

The 2013 amendment by D.C. Law 19-266 rewrote this section.

Expiration of Law

Expiration of Law 14-235

Section 14 of D.C. Law 14-235 provided that the act shall expire on October 1, 2005.

Emergency Legislation

For temporary (90 day) amendment of section, see § 9 of Motor Vehicle Definition Electric Personal Assistive Mobility Device Exemption Emergency Amendment Act of 2005 (D.C. Act 16-237, December 22, 2005, 53 DCR 249).

For temporary (90 day) amendment of section, see § 9 of Motor Vehicle Definition Electric Personal Assistive Mobility Device Exemption Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-323, March 23, 2006, 53 DCR 2567).

For temporary (90 day) amendment of section, see § 208 of Personal Mobility Device Emergency Amendment Act of 2006 (D.C. Act 16-528, December 4, 2006, 53 DCR 9826).

For temporary (90 day) amendment of section, see § 101(c)(1) 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 §§ 50-1901 to 50-1904 as subchapter I of this chapter, see § 101(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 12774).

For temporary codification of §§ 50-1905 to 50-1907 as subchapter II of this chapter, see § 101(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 12774).

For temporary amendment of section, see § 101(c)(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 12774).

For temporary (90 days) amendment of this chapter, see § 101(a) and (b) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 101(c)(1) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) designation of §§ 50-1901 to 50-1904 as subchapter I of this chapter, see § 101(a) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

For temporary (90 days) amendment of this section, see § 101(c)(1) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

For temporary (225 day) amendment of section, see § 9 of Motor Vehicle Definition Electric Personal Assistive Mobility Device Exemption Temporary Amendment Act of 2006 (D.C. Law 16-85, April 4, 2006, law notification 53 DCR 3344).

Editor's Notes

Section 101(a) of D.C. Law 19-266 designated §§ 50-1901 to 50-1904 as subchapter I of this chapter.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 50–1902. Implied consent to blood-alcohol content or blood-drug content tests; administration; accidents. [Repealed]

Repealed.

(Oct. 21, 1972, 86 Stat. 1017, Pub. L. 92-519, § 2; Sept. 14, 1982, D.C. Law 4-145, § 4(b), (f), 29 DCR 3138; Mar. 9, 1983, D.C. Law 4-174, § 7, 29 DCR 5753; May 5, 1992, D.C. Law 9-96, § 3(b), 38 DCR 7274; May 24, 1994, D.C. Law 10-122, § 6(a), 41 DCR 1658; Apr. 13, 1999, D.C. Law 12-212, § 4(a), 46 DCR 5; Apr. 12, 2000, D.C. Law 13-91, § 152, 47 DCR 520; Mar. 2, 2007, D.C. Law 16-195, § 10(a), 53 DCR 8675; Apr. 27, 2013, D.C. Law 19-266, § 101(c)(2), 59 DCR 12957.)

Prior Codifications

1981 Ed., § 40-502.

1973 Ed., § 40-1002.

Effect of Amendments

D.C. Law 13-91 validated a previously made technical amendment in subsec. (b).

D.C. Law 16-195, in subsecs. (a) and (b), substituted “alcohol concentration is 0.08 grams or more either per 100 milliliters of blood or per 210 liters of breath or is 0.10 grams or more per 100 milliliters of urine” for “blood contains .08% or more, by weight, of alcohol, or .38 micrograms or more of alcohol are contained in 1 milliliter of that person’s breath, consisting of substantially alveolar air, or that person’s urine contains .10% or more, by weight, of alcohol”.

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.

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) amendment of section, see § 4(f)(1) 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 § 10(a) 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 § 9(a) 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) repeal of section, see § 101(c)(2) 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 § 101(c)(2) 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 12774).

For temporary (90 days) repeal of this section, see § 101(c)(2) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) repeal of this section, see § 101(c)(2) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

For temporary (225 day) amendment of section, see § 5(a) of Underage Drinking Temporary Amendment Act of 1993 (D.C. Law 10-12, September 11, 1993, law notification 40 DCR 6834).

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).

§ 50–1903. Blood tests; medical professional to withdraw blood.

(a) Only a medical professional acting at the request of a law enforcement officer may withdraw blood, subject to the provisions of this chapter, for the purpose of determining the alcohol or drug content thereof. This limitation shall not apply to the taking of breath or urine specimens.

(b)(1) Except as provided in paragraph (2) of this subsection, the following persons are immune from criminal and civil liability based upon a claim of assault and battery, or any other claim that is not a claim of malpractice, for any act performed in collecting a person’s blood:

(A) Any law enforcement officer who assists in the collection of specimens from a person pursuant to this section;

(B) Any medical professional, staff, or security personnel who collects or assists in the collection of specimens from a person pursuant to this section; and

(C) Any hospital, first-aid station, clinic, or other location where specimens are collected from a person pursuant to this section.

(2) The immunity provided in this subsection shall not apply to a person who collects or assists in the collection of specimens if that person commits gross negligence or engages in intentionally wrongful conduct.

(Oct. 21, 1972, 86 Stat. 1017, Pub. L. 92-519, § 3; Sept. 14, 1982, D.C. Law 4-145, § 4(c), (f), 29 DCR 3138; Apr. 27, 2013, D.C. Law 19-266, § 101(c)(3), 59 DCR 12957.)

Prior Codifications

1981 Ed., § 40-503.

1973 Ed., § 40-1003.

Section References

This section is referenced in § 50-1904.02 and § 50-1910.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 rewrote this section.

Emergency Legislation

For temporary (90 day) amendment of section, see § 101(c)(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 amendment of section, see § 101(c)(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 12774).

For temporary (90 days) amendment of this section, see § 101(c)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 101(c)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

§ 50–1904. Availability of chemical test results.

Full information concerning the chemical test results administered under this chapter, including records as provided in § 5-1501.06, shall be made available to the person from whom specimens were obtained pursuant to Rule 16 of the District of Columbia Superior Court Rules of Criminal Procedure.

(Oct. 21, 1972, 86 Stat. 1017, Pub. L. 92-519, § 4; Apr. 27, 2013, D.C. Law 19-266, § 101(c)(4), 59 DCR 12957.)

Prior Codifications

1981 Ed., § 40-504.

1973 Ed., § 40-1004.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 rewrote this section.

Emergency Legislation

For temporary (90 day) amendment of section, see § 101(c)(4) 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 § 101(d)(1) 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 amendment of section, see § 101(c)(4) 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 12774).

For temporary (90 days) amendment of this section, see § 101(c)(4) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 101(c)(4) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

§ 50–1904.01. Preliminary breath test.

(a) When a law enforcement officer has reasonable grounds to believe that a person was operating or in physical control of a vehicle within the District while intoxicated or while the person’s ability to operate a vehicle is impaired by the consumption of alcohol or a drug or a combination thereof, the law enforcement officer may, without making an arrest or issuing a violation notice, request that the person submit to a preliminary breath test, to be administered by the law enforcement officer, who shall use a device which the Mayor has approved by rule for that purpose.

(b) Before administering the test, the law enforcement officer shall advise the person to be tested that the preliminary breath test is voluntary and that the results of the test will be used to aid in the law enforcement officer’s decision whether to arrest the person.

(c) The results of the preliminary breath test shall be used by the law enforcement officer to aid in the decision whether to arrest the person, and the results of the test shall not be used as evidence by the District in any prosecutions and shall not be admissible in any judicial proceeding except in any judicial or other proceeding in which the validity of the arrest or the conduct of the law enforcement officer is an issue.

(Oct. 21, 1972, 86 Stat. 1017, Pub. L. 92-519, § 4a; as added Apr. 27, 2013, D.C. Law 19-266, § 101(d)(1), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 101(d)(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 12774).

For temporary (90 days) addition of this section, see § 101(d)(1) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 101(d)(1) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Editor's Notes

Section 101(b) of D.C. Law 19-266 designated §§ 50-1905 to 50-1907 as subchapter II of this chapter.

§ 50–1904.02. Chemical testing after arrest.

(a) Except as provided in subsection (b) of this section, when a law enforcement officer has reasonable grounds to believe that a person was operating or in physical control of a motor vehicle within the District while intoxicated or while the person’s ability to operate a motor vehicle is impaired by the consumption of alcohol or a drug or a combination thereof, after arrest of the person, the person shall:

(1) Except as provided in paragraph (2) of this subsection, be deemed to have given his or her consent, subject to the provisions of this chapter, to submitting 2 specimens for chemical testing of the person’s blood, breath, or urine, for the purpose of determining alcohol or drug content; and

(2) Submit 2 specimens for chemical testing of his or her blood, breath, or urine for the purpose of determining alcohol or drug content when he or she is involved in a collision in the District.

(b) When a person is required to submit specimens for chemical testing pursuant to subsection (a) of this section, a law enforcement officer shall elect which types of specimens will be collected from the person and the law enforcement officer or a medical professional shall collect the specimen subject to the restriction in § 50-1903(a); provided, that the person may object to a particular type of specimen collection for chemical testing on valid religious or medical grounds. If a person objects to blood collection on valid religious or medical grounds, that person shall only be required to submit breath or urine specimens for collection.

(c) In addition to submitting specimens for chemical testing as provided in this section, a person may also submit specimens for chemical testing administered to him or her by a medical professional of his or her own choosing. The failure or inability of the person to obtain additional specimens or chemical tests shall not preclude the admission of chemical tests results that were the product of the law enforcement officer’s request under this section.

(d) Before collecting specimens for chemical testing, the law enforcement officer shall advise the operator of the motor vehicle about the requirements of this chapter.

(Oct. 21, 1972, 86 Stat. 1017, Pub. L. 92-519, § 4b; as added Apr. 27, 2013, D.C. Law 19-266, § 101(d)(1), 59 DCR 12957.)

Section References

This section is referenced in § 50-1905.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 101(d)(1) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

Subchapter II. Refusal to Submit Specimens for Chemical Testing.

§ 50–1905. Test refusal; penalty; evidence of refusal.

(a)(1) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02, he or she shall be informed that failure or refusal to submit to chemical testing will result in the revocation of his or her privilege to drive in the District as provided in this section. If the person holds a driver's license issued by the District, the person shall be informed that failure or refusal to submit to chemical testing will require him or her to enroll in the Ignition Interlock System Program established by § 50-2201.05a.

(2) If a person, after having been informed as provided in paragraph (1) of this subsection, still refuses to submit to chemical testing, no test shall be given, but the Mayor, upon receipt of a sworn report of the law enforcement officer that he or she had reasonable grounds to believe the arrested person had been driving or was in physical control of a motor vehicle upon the highways while the person was intoxicated or while the person’s ability to operate a motor vehicle was impaired by the consumption of alcohol or a drug or a combination thereof, and that the person had refused to submit 2 specimens for chemical testing, shall:

(A) Revoke his or her privilege to drive in the District of Columbia for a period of 12 months;

(B) Deny the person the issuance of a license, if the person is without a license to operate a motor vehicle in the District, for a period of 12 months after the date of the alleged violation; or

(C) For a person who holds a driver's license issued by the District, require the person to enroll in the Ignition Interlock System Program established by § 50-2201.05a.

(b) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02(a), and the person has had a conviction for a prior offense under § 50-2206.11, § 50-2206.12, or § 50-2206.14, there shall be a rebuttable presumption that the person is under the influence of alcohol or a drug or any combination thereof.

(c) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02(a), evidence of such refusal shall be admissible in any civil or criminal proceeding arising as a result of the acts alleged to have been committed by the person before the arrest.

(d)(1) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02(a) and the person was involved in a collision that resulted in a fatality, except as provided in paragraph (2) of this subsection, a law enforcement officer may employ whatever means are reasonable to collect blood specimens from the person if the law enforcement officer has reasonable grounds to believe that the person was intoxicated or under the influence of alcohol or of any drug or any combination thereof.

(2) If a person required to submit blood testing under paragraph (1) of this subsection objects on valid religious or medical grounds, that person shall not be required to submit blood specimens but the law enforcement officer may employ whatever means are reasonable to collect breath or urine specimens from the person if the law enforcement officer has reasonable grounds to believe that the person was intoxicated or under the influence of alcohol or of any drug or any combination thereof.

(Oct. 21, 1972, 86 Stat. 1018, Pub. L. 92-519, § 5; Sept. 14, 1982, D.C. Law 4-145, § 4(d), (f), 29 DCR 3138; Mar. 9, 1983, D.C. Law 4-174, § 8, 29 DCR 5753; May 5, 1992, D.C. Law 9-96, § 3(c), 38 DCR 7274; May 24, 1994, D.C. Law 10-122, § 6(b), 41 DCR 1658; Apr. 13, 1999, D.C. Law 12-212,§ 4(b), 46 DCR 5; Mar. 2, 2007, D.C. Law 16-195, § 10(b), 53 DCR 8675; Mar. 14, 2007, D.C. Law 16-279, § 104(a), 54 DCR 903; Apr. 27, 2013, D.C. Law 19-266, § 101(d)(2), 59 DCR 12957; Mar. 10, 2023, D.C. Law 24-308, § 3, 70 DCR 1039.)

Prior Codifications

1981 Ed., § 40-505.

1973 Ed., § 40-1005.

Effect of Amendments

D.C. Law 16-195, in subsec. (a), substituted “person’s alcohol concentration is 0.08 grams of more either per 100 milliliters of blood or per 210 liters of breath or is 0.10 grams or more per 100 milliliters of urine” for “individual’s blood contains .08% or more, by weight, of alcohol, or .38 micrograms or more of alcohol are contained in 1 milliliter of that person’s breath, consisting of substantially alveolar air, or that person’s urine contains .10% or more, by weight, of alcohol”.

D.C. Law 16-279, in subsec. (a), substituted “his license or privilege to drive in the District of Columbia if the person is a nonresident” for “his license”, throughout the subsection, and deleted “a resident” following “or if the person is”; and in subsec. (b), substituted “the license or privilege to drive in the District of Columbia” for “the license”, and deleted “a resident” preceding “without a license”.

The 2013 amendment by D.C. Law 19-266 rewrote this section.

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.

Emergency Legislation

For temporary (90 day) amendment of section, see § 4(f)(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 § 10(b) 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 § 9(b) 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 § 101(d)(2) 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 amendment of section, see § 101(d)(2) 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 12774).

For temporary (90 days) amendment of this section, see § 101(d)(2) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary designation of §§ 50-1905 to 50-1907 as subchapter II of this chapter, see § 101(b) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344).

For temporary (90 days) amendment of this section, see § 101(d)(2) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

For temporary (225 day) amendment of section, see § 5(b) of Underage Drinking Temporary Amendment Act of 1993 (D.C. Law 10-12, September 11, 1993, law notification 40 DCR 6834).

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 50-2205.02.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.13(a)), appropriate changes in terminology were made in this section.

§ 50–1906. License revocation or denial order; hearing.

(a) Whenever any license, or privilege to drive in the District of Columbia, has been revoked or denied under the provisions of this chapter, the reasons therefor shall be set forth in the order of revocation or denial, as the case may be. Such order shall take effect in 10 days (15 days, if the person is a nonresident) after service of notice on the person whose license or privilege to drive in the District of Columbia is to be revoked or who was denied a license. A hearing on the revocation shall be held if the respondent files a request for a hearing within 10 days (15 days if the person is a nonresident) of service of the notice. Such hearing by the Mayor shall cover the issues of:

(1) Whether a law enforcement officer had reasonable grounds to believe such person had been operating or was in physical control of a motor vehicle upon the highway while intoxicated or while the person’s ability to operate a motor vehicle was impaired by alcohol or a drug or any combination thereof; and

(2) Whether such person, having been placed under arrest, refused to submit specimens for chemical testing, after having been informed of the consequences of such refusal.

(b) If, following the hearing provided in subsection (a) of this section, the Mayor shall sustain the order of revocation, the same shall become effective immediately.

(Oct. 21, 1972, 86 Stat. 1018, Pub. L. 92-519, § 6; Sept. 14, 1982, D.C. Law 4-145, § 4(e), (f), 29 DCR 3138; Mar. 9, 1983, D.C. Law 4-174, § 9, 29 DCR 5753; Apr. 13, 1999, D.C. Law 12-212, § 4(c), 46 DCR 5; Mar. 2, 2007, D.C. Law 16-195, § 10(c), 53 DCR 8675; Mar. 14, 2007, D.C. Law 16-279,§ 104(b), 54 DCR 903; Apr. 27, 2013, D.C. Law 19-266, § 101(d)(3), 59 DCR 12957.)

Prior Codifications

1981 Ed., § 40-506.

1973 Ed., § 40-1006.

Effect of Amendments

D.C. Law 16-195, in subsec. (a)(1), substituted “alcohol concentration is 0.08 grams or more either per 100 milliliters of blood or per 210 liters of breath or is 0.10 grams or more per 100 milliliters of urine” for “blood contains .08% or more, by weight, of alcohol, or .38 micrograms or more of alcohol are contained in 1 milliliter of that person’s breath, consisting of substantially alveolar air, or that person’s urine contains .10% or more, by weight, of alcohol”.

D.C. Law 16-279, in subsec. (a), rewrote the introductory paragraph, which formerly read:

“(a) Whenever any license has been revoked or denied under the provisions of this chapter, the reasons therefor shall be set forth in the order of revocation or denial, as the case may be. Such order shall take effect 5 days after service of notice on the person whose license is to be revoked or who is to be denied a license unless such person shall have filed within such period written application with the Mayor for a hearing. Such hearing by the Mayor shall cover the issues of:”

The 2013 amendment by D.C. Law 19-266 rewrote (a)(1); and substituted “submit specimens for chemical testing” for “submit to the test or tests” in (a)(2).

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.

Emergency Legislation

For temporary (90 day) amendment of section, see § 4(f)(3) 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 § 10(c) 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 § 9(c) 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 § 101(d)(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 amendment of (a), see § 101(d)(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 12774).

For temporary (90 days) amendment of this section, see § 101(d)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 101(d)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 50-2205.02.

Change in Government

§ 50–1907. Judicial review.

Any person aggrieved by a final order of the Mayor revoking his or her license or denying him or her a license under the authority of this subchapter, may obtain a review thereof in accordance with § 2-510.

(Oct. 21, 1972, 86 Stat. 1018, Pub. L. 92-519, § 7; Apr. 27, 2013, D.C. Law 19-266, § 101(d)(4), 59 DCR 12957.)

Prior Codifications

1981 Ed., § 40-507.

1973 Ed., § 40-1007.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 substituted “his or her license” for “his license”; substituted “denying him or her” for “denying him”; and substituted “this subchapter” for “this chapter.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 101(d)(4) 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 amendment of section, see § 101(d)(4) 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 12774).

For temporary (90 days) amendment of this section, see § 101(d)(4) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 101(d)(4) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Change in Government

Subchapter III. Watercraft.

§ 50–1908. Definitions.

For the purposes of this subchapter, the term:

(1) “Collision” means an impact between the operator’s watercraft, or anything attached to or transported by the watercraft, and anything else, regardless of whether it is a person, a wild or domestic animal, real property, or personal property.

(2) “Watercraft” means a boat, ship, or other craft used for water transportation, as well as water skis, aquaplane, sailboard, or similar vessel.

(Oct. 21, 1972, 86 Stat. 1017, Pub. L. 92-519, § 7a; as added Apr. 27, 2013, D.C. Law 19-266, § 101(e), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 day) addition of subchapter, see § 101(e) 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 addition of subchapter, see § 101(e) 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 12774).

For temporary (90 days) addition of this section, see § 101(e) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) addition of this section, see § 101(e) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

§ 50–1909. Preliminary breath test.

(a) When a law enforcement officer has reasonable grounds to believe that a person is or has been operating or in physical control of a watercraft within the District while intoxicated or while the person’s ability to operate a watercraft is impaired by the consumption of alcohol or a drug or a combination thereof, the law enforcement officer may, without making an arrest or issuing a violation notice, request that the person submit to a preliminary breath test, to be administered by the law enforcement officer, who shall use a device which the Mayor has approved by rule for that purpose.

(b) Before administering the test, the law enforcement officer shall advise the person to be tested that the test is voluntary and that the results of the test will be used to aid in the law enforcement officer’s decision whether to arrest the person.

(Oct. 21, 1972, 86 Stat. 1017, Pub. L. 92-519, § 7b; as added Apr. 27, 2013, D.C. Law 19-266, § 101(e), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

§ 50–1910. Chemical testing after arrest.

(a) Except as provided in subsection (b) of this section, any person who operates or who is in physical control of any watercraft within the District and a law enforcement officer has reasonable grounds to believe that the person is operating or in physical control of a watercraft while intoxicated or while the person’s ability to operate a watercraft is impaired by the consumption of alcohol or a drug or a combination thereof, after arrest shall:

(2) Submit 2 specimens for chemical testing of his or her blood, breath, or urine for the purpose of determining alcohol or drug content when he or she is involved in a collision in the District.

(d) Before collecting specimens for chemical testing, the law enforcement officer shall advise the operator of the watercraft about the requirements of this chapter.

(Oct. 21, 1972, 86 Stat. 1017, Pub. L. 92-519, § 7c; as added Apr. 27, 2013, D.C. Law 19-266, § 101(e), 59 DCR 12957.)

Section References

This section is referenced in § 50-1911.

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

§ 50–1911. Test refusal; evidence of refusal.

(a) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1910(a), he or she shall be informed that failure or refusal to submit to chemical testing will result in his or her inability to operate a watercraft in the District of Columbia as provided in § 50-1912.

(b) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1910(a), and the person has a prior offense under § 50-2206.31 or § 50-2206.32, there shall be a rebuttable presumption that the person is under the influence of alcohol or a drug or any combination thereof.

(c) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1910(a), evidence of such refusal shall be admissible in any civil or criminal proceeding arising as a result of the acts alleged to have been committed by the person before the arrest.

(d)(1) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1910(a), and the person was involved in a collision that resulted in a fatality, except as provided in paragraph (2) of this subsection, a law enforcement officer may employ whatever means are reasonable to collect blood specimens from the person if the law enforcement officer has reasonable grounds to believe that the person was intoxicated or was under the influence of alcohol or of any drug or any combination thereof.

(2) If a person required to submit to blood collection under paragraph (1) of this subsection objects on valid religious or medical grounds, that person shall not be required to submit blood specimens but the law enforcement officer may employ whatever means are reasonable to collect breath or urine specimens from the person if the law enforcement officer has reasonable grounds to believe that the person was intoxicated or was under the influence of alcohol or of any drug or any combination thereof.

(Oct. 21, 1972, 86 Stat. 1017, Pub. L. 92-519, § 7d; as added Apr. 27, 2013, D.C. Law 19-266, § 101(e), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

§ 50–1912. Penalty.

If a person refuses to submit to chemical testing under this subchapter, the Superior Court of the District of Columbia shall order the person not to operate any watercraft for at least one year. A refusal to submit to any test as required by this section shall be punishable by a fine not more than the amount set forth in § 22-3571.01, imprisonment of 90 days, or both.

(Oct. 21, 1972, 86 Stat. 1017, Pub. L. 92-519, § 7e; as added Apr. 27, 2013, D.C. Law 19-266, § 101(e), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 270, 60 DCR 2064.)

Section References

This section is referenced in § 50-1911.

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 “fine not more than the amount set forth in § 22-3571.01” for “$500 fine”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 270 of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

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.