DC DUI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

A DC DUI is charged under D.C. Code § 50-2206.11 (operating while intoxicated, impaired, or under the influence of alcohol or any drug). DC follows the 0.08% per-se threshold used nationally, but adds an aggravated tier at 0.20% with mandatory minimum sentencing. The administrative license action and the criminal case run on parallel tracks; both have to be answered separately.

The legal threshold

DC's per-se DUI thresholds:

Adults 21+: 0.08% BAC.
Aggravated DUI: 0.20% BAC and above — mandatory minimum sentencing applies.
Drivers under 21: 0.02% BAC (zero-tolerance).
Commercial drivers (CDL): 0.04% BAC.
For-hire passenger drivers (taxi, rideshare): 0.04% BAC.

DC also charges DUI on impairment evidence below the per-se threshold under D.C. Code § 50-2206.11 — the "impaired" subsection that does not require a specific BAC.

Implied consent

DC's implied consent law treats every driver on a DC road as having consented to a chemical test (breath, blood, or urine) when a peace officer has probable cause to suspect impairment. Refusing the test triggers an automatic 12-month license revocation for a first refusal, separate from any DUI conviction outcome. A second refusal within 5 years brings a 24-month revocation.

The administrative revocation

After a DUI arrest with a BAC of 0.08% or higher (or after a refusal), the arresting officer typically confiscates the driver's license on the spot and issues a temporary permit. DC DMV then begins an administrative revocation:

6-month revocation for a first DUI (0.08% to 0.199%) without aggravating factors.
12-month revocation for a refusal or for an aggravated DUI (0.20%+).
Longer for repeat offenders or for crashes involving injury.

The 10-day administrative hearing window

You have 10 calendar days from the arrest to request an administrative hearing with DC DMV. The hearing is separate from any criminal court proceeding and addresses the narrow questions of probable cause for the stop and arrest, the validity of the chemical test, and any procedural requirements. Winning the administrative hearing does not affect the criminal case but does prevent the administrative revocation from going forward.

First-offense penalties (criminal)

A first-offense DUI conviction in DC typically produces:

Up to 90 days in jail (often suspended on first offenses without aggravating factors).
Fines from $300 to $1,000, plus court costs and surcharges.
A 6-month criminal license revocation (concurrent with the administrative revocation).
Mandatory completion of a Traffic Alcohol Program (TAP).
Mandatory installation of an Ignition Interlock Device (IID) for at least 6 months on the offender's primary vehicle.
SR-22 insurance filing for at least 3 years — see DC car insurance.
Probation supervised by the DC Superior Court, typically 12 to 24 months.

Ignition Interlock Devices (IID)

DC requires an IID for all DUI convictions where the driver wishes to drive after the post-revocation period. The device is installed at the driver's expense (typically $70 to $150 per month plus a $100 to $150 install fee) and prevents the vehicle from starting if the driver's breath shows alcohol. IIDs collect rolling-test data that the installer reports to DC DMV; failed tests can extend the IID period.

Aggravating factors

Penalties escalate when any of these apply:

BAC at or above 0.20% (mandatory minimum 10-day jail sentence on first offense).
BAC at or above 0.25% (mandatory minimum 15-day jail sentence).
BAC at or above 0.30% (mandatory minimum 20-day jail sentence).
An accident with injury or property damage.
A child under 16 in the vehicle.
Excessive speed at the time of arrest.
A prior DUI within the 15-year lookback window.
Refusing a chemical test.

Repeat offenses

A second DUI within 15 years brings mandatory minimum jail time (typically 10 days), longer license revocation (1 year), longer IID requirement (12 months), and additional treatment programs. A third DUI within 15 years brings mandatory minimum 15 days in jail and a multi-year revocation. The DC Superior Court hears all DUI cases. After any DUI, see suspended license reinstatement and the point system page.