The District of Columbia has a blood alcohol content of 0.08 percent
and up to make a DUI arrest. A blood alcohol content of 0.08 percent
marks an individual as too impaired to drive. Those that are below this
limit can also be prosecuted if their driving is harmful to others. DUI
offenses that are given for blood alcohol content percentages under
0.08 percent usually include those under 0.04 percent.
Those who have blood alcohol content percentages over 0.04 percent can
be charged with an offense as a commercial vehicle driver. The District
of Columbia also maintains laws for driving while intoxicated under the
influence of any kind of controlled substances, including cocaine,
marijuana, inhalants, or other illegal drugs.
DUI Punishments
The punishment for DUI offenses depends on the number of previous
offenses. The District of Columbia has basic prior offense statues
stating that prior offenses will increase the punishments for current
offenses. The punishments for first-time DUI offenses includes driver's
license suspension for at least six months, a maximum of ninety days in
jail, and a fine from three hundred dollars to one thousand dollars.
Second DUI offenses can earn punishments of one year of driver's
license suspension, a maximum of one year in jail, and a fine from one
thousand dollars to five thousand dollars. A third DUI offense in DC
can earn punishments of two years of a suspended license, a maximum of
one year in jail, and a fine between two thousand dollars and ten
thousand dollars.
Driving Under the Influence for Minors
The District of Colombia has no blood alcohol percent for minors. Those
under the age of twenty-one will be charged with a driving under the
influence offense no matter what their blood alcohol content percentage
is. Some states set minor DUI offenses at 0.02 percent, but the
District of Columbia has a zero tolerance law for minors in the
district boundaries.
DC Implied Consent
Under District of Columbia law individuals are allowed to resist a
blood alcohol content test. However under the law an individual who
refuses a driving under the influence or a driving while intoxicated
test can have his or her driver's licenses suspended for up to one
year. This is for the first refusal.
Subsequent refusals can increase suspension times.
Drunk Driving Classifications
Washington DC has different classifications for drunk driving that are
based on blood alcohol content percentages. A driving while intoxicated
charge will follow if a blood alcohol content percentage is 0.08
percent or higher and the individual is over twenty-one years of age. A
driving under the influence charge will follow if an individual was
driving a motor vehicle while under alcohol influence.
These circumstances do not rely on blood alcohol content percentages
and are based on driver impairment and danger to others. An operating
while impaired charge will follow if an individual is operating a motor
vehicle while impaired by any kind of alcohol. The court will prove the
offense by presenting evidence, such as physical appearance, driving
patterns, field sobriety tests, and blood alcohol content tests.