Washington DC DUI License Suspensions

Washington DC Implied Consent Law and Suspensions

By accepting the privilege to drive within the District of Columbia, drivers are deemed to have given consent to chemical testing of their blood, breath, or urine upon a lawful request by a police officer who suspects that a DUI, DWI, or OWI violation has occurred. Under D.C.'s Implied Consent law, persons who refuse chemical testing after a lawful request must be informed that failure to submit to chemical testing will result in the revocation of his/her driver's license and privilege to drive for a period of 12 months. If after being informed of the penalties for refusing the person still wishes to refuse to submit to the test, then no test will be given. The fact that a person refused chemical testing is admissible in any civil or criminal proceeding arising as a result of the alleged offense. Persons who are charged with a chemical test refusal are also ineligible for the pretrial diversion program that is offered to persons charged with a first time criminal DUI offense.

Washington DC DUI Administrative License Suspension Process

Upon arrest for a DUI or related offense in the District of Columbia, the police will revoke and confiscate the driver's license of any person who refuses to submit to chemical testing, or who submits to chemical testing that reveals an unlawful BAC or presence of drugs. DUI offenders will have a right to request a hearing with the Department of Motor Vehicles to contest the license revocation. A hearing must be requested within 5 days (or 10 days if person is an out of state resident) or the license revocation will automatically take effect upon the 5th following service of notice of the revocation upon the person.

The administrative hearing is limited to the following issues: (1) Whether a police officer had reasonable grounds to believe such person had been driving or was in actual control of a motor vehicle upon the public street or highway while the person's alcohol concentration is 0.08 grams or more, or while under the influence of intoxicating liquor or any drug or any combination thereof, or while the person's ability to operate a motor vehicle is impaired by the consumption of intoxicating liquor; and (2) Whether such person, having been placed under arrest, refused to submit to the test or tests, after having been informed of the consequences of such refusal.

Following the hearing, the Mayor will issue a decision of whether the order of revocation will be sustained or overturned. If the Mayor issues a notice that the revocation was invalidated, the person's license and driving privileges will be fully restored. If, however, the Mayor issues a notice that the revocation was upheld, then the license revocation will take effect immediately.

DC DUI Administrative License Suspension Penalties

Persons who submit to chemical testing that reveals an unlawful BAC or the presence of drugs will face an administrative license revocation for 6 months for a first offense, 1 year for a second offense, and 2 years for a third or subsequent offense. Persons who refuse to submit to chemical testing risk an administrative license revocation for a period of 1 year. The administrative license revocation penalties are in addition to, and are separate from any license suspension that may be court imposed upon conviction for a criminal DUI offense.