DC DUI Chemical Testing

Upon arrest for DUI/DWI/OWI in the District of Columbia, the police will request that the person submit to chemical testing of their breath, blood, or urine in order to detect for the presence of alcohol and/or drugs. Which test will be requested is in the discretion of the police. Under D.C.'s Implied Consent law, refusal to submit to chemical testing will result in an administrative license revocation for a period of 1 year (see the D.C. Driving tab for more information). The law does, however, allow persons to refuse to submit to certain chemical tests based on religious reasons.

Information regarding the laws on breath, blood, and urine testing are listed below. If you or a loved one have been arrested for DWI/DUI/OWI, be sure to consult with an experienced DUI defense attorney in your area to find out how your chemical test may affect the outcome of your case.

The types of chemical testing used in D.C. drunk driving investigations

BREATH TESTING - There are two types of breath tests that are conducted in D.C. DUI cases. The first is called a Preliminary Breath Test (PBT). PBTs are handheld breath testing devices that are used on scene prior to arrest. The purpose of the PBT is to help the officer determine whether he has enough probable cause to make an arrest. PBTs are not very reliable. The D.C. Code prohibits the prosecution from introducing evidence of PBT results in trial. The second type of breath testing that is conducted in D.C. DUI cases is called evidentiary breath testing. Evidentiary breath tests are conducted subsequent to arrest on non-portable machines kept at the police station (called the Intoxilyzer 5000). Prior to administration of a breath test, a DUI suspect must be observed for a minimum 20 minute period to ensure that nothing is ingested or placed into the mouth that could affect the validity of the test result. Two breath samples will be obtained. The two breath samples must be within a certain range from each other in order for the test result to be considered reliable and admissible in court. D.C. law requires all breath testing devices to be tested every three months to ensure they are working properly. Breath test machines are issued certificates which may be used in court without the testimony of the operating officer. DUI defendants may demand, however, that the officer who operated the machine appear in court.

BLOOD TESTING - Blood testing is considered a more reliable chemical test, but it is also the most invasive. Blood tests are always conducted in cases where an accident has occurred. Under D.C. law, only a physician or nurse acting at the request of a police officer are permitted to withdraw blood in DUI cases. Two samples of blood will be drawn. Persons who are unconscious are deemed to have impliedly consented to the withdraw of blood for testing purposes under D.C.'s Implied Consent law. If, however, a person who is unconscious has had his/her blood drawn and later regains consciousness and objects to the withdraw of blood, then the blood will not be admissible as evidence.

URINE TESTING - Although D.C. law provides that an officer may request a DUI suspect to submit to urine testing, in practice urine samples are rarely ever obtained.

INDEPENDENT TESTING - DUI defendants may request that chemical test or tests be administered to him by a physician, registered nurse, or other person of his own choosing who is qualified to administer such test or tests.

DUI ACCIDENT CASES - Breath, Blood, and/or Urine samples may be taken from persons who are involved in an accident, and the police may use force to obtain a blood sample from such persons if necessary.