Washington DC DUI Laws: Penalties, BAC & License (2026)

In the District of Columbia the offense is called driving under the influence (DUI), and D.C. Code 50-2206.11 makes it unlawful to operate or be in physical control of a vehicle while intoxicated, which the District defines as a blood alcohol concentration (BAC) of 0.08 percent or more. A first DUI is a misdemeanor punishable by up to $1,000 and up to 180 days in jail under D.C. Code 50-2206.13, plus a six-month license revocation.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Washington DC

The District separates impaired driving into tiers. Under D.C. Code 50-2206.11, it is unlawful to operate or be in physical control of a vehicle while intoxicated or while under the influence of alcohol or any drug. The definitions section, D.C. Code 50-2206.01, defines "intoxicated" as a BAC of 0.08 percent or more (0.10 percent in urine), so a DUI can be proven by that per se number or by actual influence. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a zero-tolerance rule that bars any measurable amount of alcohol. A separate, lesser charge, operating while impaired (OWI) under D.C. Code 50-2206.14, covers driving when ability is impaired in a way that can be perceived, even below 0.08. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense DUI penalties in Washington DC (jail, fines, suspension)

A first DUI is a misdemeanor. D.C. Code 50-2206.13 sets the penalty at a fine of up to $1,000, incarceration for up to 180 days, or both. The statute layers on mandatory minimum jail time tied to the test result: at least 10 days if the BAC was 0.20 percent or more, 15 days if it was more than 0.25 percent, and 20 days if it was more than 0.30 percent, with a 15-day minimum if a controlled substance such as cocaine or PCP was present. A first OWI carries a lower ceiling under D.C. Code 50-2206.15, a fine of up to $500 and up to 90 days in jail. The DC DMV separately revokes the driving privilege for six months on a first DUI conviction and requires the driver to enroll in the ignition interlock program.

Watch out: The DC DMV license action and the criminal case in DC Superior Court run on separate tracks. You can resolve the criminal charge and still face the DMV revocation and the mandatory ignition interlock requirement, which the DMV enforces on its own schedule.

Ignition interlock requirements in Washington DC

The District is one of the jurisdictions that requires an ignition interlock device (IID) for every impaired-driving offense, not just repeat or high-BAC cases. According to the DC DMV IID Program, enrollment is required for all impaired-driving offenses, including a first conviction. A driver must enroll within 30 days of conviction and pay a non-refundable $50 application fee; failure to enroll results in indefinite revocation of the DC license and suspension of all vehicles registered to the driver. The required period scales with the offense: six months for a first conviction, one year for a second, and two years for a third, with longer or indefinite terms for refusals and repeat offenses within five years. While enrolled, the driver holds a restricted license and may operate only designated vehicles fitted with the device, which blocks the engine if it reads a breath alcohol concentration at or above 0.020.

License revocation and the administrative process in Washington DC

The District runs an administrative license process alongside the criminal case. The DC DMV also revokes the driving privilege administratively upon conviction, separate from the criminal sentence: a first DUI conviction carries a six-month revocation, a second carries one year, and a third carries two years. Under D.C. Code 50-2206.13(d-1)(1), a driver with two prior offenses within the past five years also has the driving privilege revoked until the DMV reinstates it, with an application for reinstatement allowed five years after the revocation. Separately, under the implied-consent provisions in D.C. Code 50-1905, refusing the chemical test itself triggers a flat 12-month revocation, independent of the court outcome. A driver who wants to contest the action can request a DMV hearing, and the notice of proposed revocation explains the deadline, so acting quickly matters. To restore the privilege, a driver must serve the revocation period, complete the ignition interlock program, and pay reinstatement fees before applying for a new license.

Repeat offenses and the Washington DC look-back period

The District counts prior alcohol-driving convictions to enhance later ones, and the enhancement window is fifteen years, not five. Subsections (b) and (c) of D.C. Code 50-2206.13 turn on whether the person has a prior offense under 50-2206.11, 50-2206.12, or 50-2206.14, and neither subsection states a time limit. The limit sits in the definition of prior offense at D.C. Code 50-2206.01(17), which drops a prior only where the later of any term of incarceration, supervised release, parole, or probation ceased or expired more than 15 years before the arrest on the current offense, so a DUI from a decade ago can still enhance a new charge. A second DUI carries a fine of $2,500 to $5,000, up to one year in jail, and a 10-day mandatory minimum, while a third (two or more priors) carries a fine of $2,500 to $10,000, up to one year in jail, and a 15-day mandatory minimum. The five-year figure appears only in 50-2206.13(d-1)(1), which revokes the DC driving privilege for a person with two prior offenses within the past five years, with an application for reinstatement allowed five years after the revocation. Importantly, the District has no felony DUI by offense count: every DUI, DWI, and OWI conviction remains a misdemeanor regardless of the number of priors. A fatal crash, however, can be charged as negligent homicide by vehicle under D.C. Code 50-2203.01, a felony punishable by up to five years in prison.

Watch out: Refusing the breath or blood test does not protect your license. A refusal triggers a 12-month revocation under the implied-consent law, longer than the six-month revocation for a first DUI conviction, and the refusal can be used against you in the criminal case.

Refusing a breath or blood test in Washington DC

The District's implied-consent law, in D.C. Code 50-1904.02, provides that a driver lawfully arrested for impaired driving is deemed to have consented to chemical testing of breath, blood, or urine. A driver who unlawfully refuses the test faces a 12-month revocation of the privilege to drive in the District under D.C. Code 50-1905, and the District's IID Program treats a first refusal as a one-year interlock term, a second as two years, and a third as three years. Because the refusal revocation runs longer than the six-month revocation for a first DUI conviction, refusing usually makes the license consequences worse rather than better. A driver may decline a specific specimen type only on valid religious or medical grounds, in which case another specimen is taken instead.

Can you expunge or seal a DUI in Washington DC

The District keeps DUI, DWI, and OWI convictions off the automatic-sealing list, but it does not bar sealing altogether. D.C. Code 16-805(b)(15) through (17) names driving under the influence, DUI in a commercial vehicle, and operating while impaired among the offenses a court may not seal automatically. Motion-based sealing is a separate track. D.C. Code 16-806, the sealing-by-motion statute, lets a person ask the court to seal a misdemeanor conviction once at least five years have elapsed since completion of the sentence, on a written motion showing by a preponderance of the evidence that sealing is in the interests of justice. Every District DUI, DWI, and OWI is a misdemeanor, so that pathway stays open; the carve-out in 16-806(a)(3)(A)(ii) reaches only felonies in Offense Severity Groups 1, 2, and 3. Sealing is discretionary, and the court weighs the movant's interests against the community's interest in keeping the record available, so a motion is not a formality. A DUI charge that was dismissed, no-papered, or otherwise ended without a conviction can also be sealed by motion under 16-806(a)(1), while D.C. Code 16-803 covers expungement on grounds of actual innocence and applies only to a case that did not result in a conviction.

What to do after a DUI arrest in Washington DC

A District DUI generates two matters at once: a criminal case in DC Superior Court and an administrative license case at the DC DMV. The deadlines are short, so a common first step is to respond promptly to the DMV notice of proposed revocation, because missing the window generally lets the revocation take effect automatically. The criminal case moves on its own schedule from arraignment through pretrial and resolution. General information cannot tell you how your case will come out, since the result depends on the specific facts, the evidence, and your record. With both cases on short clocks, get a free consultation from a DC DUI lawyer on the DMV hearing request and the Superior Court case (attorney advertising). Keep the arrest paperwork, the DMV notice, and any test results in a safe place.

Frequently Asked Questions

What is the BAC limit in Washington DC?

The per se limit is 0.08 percent BAC under D.C. Code 50-2206.01 and 50-2206.11. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a zero-tolerance rule barring any measurable amount of alcohol. The District can also charge the lesser OWI offense below 0.08 if ability is impaired.

How long do you lose your license for a first DUI in Washington DC?

The DC DMV revokes the driving privilege for six months on a first DUI conviction. A second conviction carries a one-year revocation and a third carries two years. A driver with two prior offenses within the past five years faces revocation until the DMV reinstates the privilege, which can be requested five years after the revocation.

Is a first DUI a felony in Washington DC?

No. Every DUI, DWI, and OWI in the District is a misdemeanor regardless of the number of prior offenses, because DC has no felony DUI by offense count. A fatal crash can instead be charged as negligent homicide by vehicle under D.C. Code 50-2203.01, a felony carrying up to five years.

Do you need an interlock for a first DUI in Washington DC?

Yes. The DC DMV IID Program requires an ignition interlock device for all impaired-driving convictions, including a first offense, for at least six months. A driver must enroll within 30 days of conviction and pay a $50 fee or face indefinite revocation.

What happens if you refuse a breathalyzer in Washington DC?

Under the District's implied-consent law in D.C. Code 50-1904.02 and 50-1905, refusing the chemical test triggers a 12-month license revocation, longer than the six-month revocation for a first DUI conviction. The refusal can also be used as evidence in the criminal case.

How long does a DUI stay on your record in Washington DC?

A DUI conviction stays on the criminal record unless a court grants a motion to seal under D.C. Code 16-806, which a person may file at least five years after completing the sentence. For penalty enhancement, a prior keeps counting under D.C. Code 50-2206.13 unless the later of any term of incarceration, supervised release, parole, or probation ended more than 15 years before the arrest on the new charge, per the definition of prior offense in D.C. Code 50-2206.01(17).

Can you get a DUI expunged in Washington DC?

Not automatically, but a motion is possible. D.C. Code 16-805(b)(15) through (17) keeps DUI, DWI, and OWI off the automatic-sealing list, and D.C. Code 16-806 lets a person move to seal a misdemeanor conviction at least five years after completing the sentence if the court finds sealing is in the interests of justice. A dismissed or no-papered DUI can also be sealed by motion, and D.C. Code 16-803 covers expungement on actual-innocence grounds for a case that did not end in a conviction.

What is the look-back period for DUI in Washington DC?

Fifteen years for penalty enhancement. Under D.C. Code 50-2206.01(17), a prior offense stops counting only if the later of any term of incarceration, supervised release, parole, or probation ended more than 15 years before the arrest on the current offense, so a prior well outside five years still raises the fine and the mandatory jail minimum under D.C. Code 50-2206.13. A separate five-year window applies only to license revocation under 50-2206.13(d-1)(1), which revokes the driving privilege for a person with two prior offenses within the past five years.