DC DUI Law Explained

In the District of Columbia, the offense of drunk driving is referred to as "Driving While Intoxicated" (DWI), "Driving Under the Influence" (DUI). DUI is the most serious drunk driving offense in the District of Columbia. DWI is considered a lesser included offense of DUI, and the penalties for DWI are generally not as harsh.

DUI and DWI offenses are typically charged as misdemeanors with a maximum penalty of up to one year in jail. The penalties will increase depending on the nature of the charge and the existence of aggravating factors. For example, persons with elevated BAC levels, prior DUI/DWI convictions, and those who had a minor child present in the vehicle at the time of arrest will receive increased penalties. For more information on the punishments typically imposed upon a criminal conviction for DUI/DWI, click on the D.C. Penalties tab.

DUI - Under D.C. law, it is illegal for a person to operate or be in physical control of any vehicle in the District while the person is under the influence of intoxicating liqour or any drug or any combination thereof.

PER SE DUI - The District of Columbia has a "per se" DUI provision which prohibits persons from operating or being in physical control of any vehicle when they have an alcohol concentration at the time of testing of .08 or higher (.10 or higher if the test is a urine test). Defendants will be presumed impaired if they have a BAC of .05 or higher.

DWI - Persons are prohibited from operating or being in physical control of any vehicle in the District while the person's ability to operate a vehicle is impaired by the consumption of intoxicating liquor. Persons who have a BAC between .05 and .08 will be charged with DWI.

MINORS - Persons under the age of 21 are prohibited from operating or being in physical control of a vehicle when the person's blood, breath, or urine contains any measurable amount of alcohol. This is also referred to as the "No Tolerance" law.

COMMERCIAL DRIVERS - Persons who operate a commercial vehicle are prohibited from doing so if they have a BAC of .04 or higher. Upon conviction for DUI, persons holding a commercial driver's license (CDL) will risk the revocation of their CDL and ultimately their job.

VEHICULAR HOMICIDE - The killing of another person by one's unlawful or negligent operation of a motor vehicle will result in a charge of vehicular homicide.