Code of the District of Columbia

§ 50–2206.15. Penalty for operating a vehicle while impaired.

(a) Except as provided in subsections (b) and (c) of this section, a person violating § 50-2206.14 shall upon conviction for the first offense be fined $500, or incarcerated for not more than 90 days, or both.

(b) A person violating any provision of § 50-2206.14 when the person has a prior offense under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense shall be fined not less than $1,000 and not more than $2,500, or incarcerated for not more than one year, or both; provided, that a 5-day mandatory-minimum term of incarceration shall be imposed.

(c) A person violating any provision of § 50-2206.14 when the person has 2 or more prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 and is being sentenced on the current offense shall be fined not less than $1,000 and not more than $5,000, or incarcerated for not more than one year, or both; provided, that a 10-day mandatory-minimum term of incarceration shall be imposed.

(c-1)(1) In addition to any other penalty provided by law, and notwithstanding §§ 50-2201.05a, and 50-2206.55(a-1)(1), a person violating any provision of § 50-2206.14 when the person has 2 prior offenses under § 50-2206.11, § 50-2206.12, or § 50-2206.14 within the past 5 years and is being sentenced on the current offense shall have his or her driver's license or privilege to operate a motor vehicle in the District permanently revoked without the ability to be reinstated.

(2) Notwithstanding paragraph (1) of this subsection, a person whose driver's license or privilege to operate in the District was revoked pursuant to paragraph (1) of this subsection may, after 5 years from the date of revocation, apply to the Department for reinstatement. Upon receipt of an application, the Department may reinstate the persons driver's license or privilege to operate a motor vehicle in the District for good cause shown.

(d) The fines set forth in this section shall not be limited by § 22-3571.01.


(Sept. 14, 1982, D.C. Law 4-145, § 3f; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 113(f)(2), 60 DCR 2064; Oct. 8, 2016, D.C. Law 21-155, § 702(b), 63 DCR 10143.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

The 2013 amendment by D.C. Law 19-317 added (d).

Emergency Legislation

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 113(f)(2) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Editor's Notes

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.