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. Under the implied-consent provisions in D.C. Code 50-1905, the DC DMV can revoke the driving privilege based on the arrest and chemical-test result, independent of the court outcome. A first DUI conviction carries a six-month revocation, a second carries one year, and a third carries two years, with permanent revocation in cases involving death, serious injury, or certain repeat offenses. 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 key window is five years. Under D.C. Code 50-2206.13, 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 up to $10,000, up to one year in jail, and a 15-day mandatory minimum. A person with two or more prior convictions within five years faces revocation of the DC driving privilege, with reapplication barred for five years. 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 treats DUI, DWI, and OWI convictions as ineligible for the standard record-sealing relief available for many other misdemeanors. The general sealing statute, D.C. Code 16-803, allows a person to move to seal a conviction in the interest of justice, but impaired-driving convictions are excluded from the streamlined misdemeanor sealing pathway, so a conviction generally cannot be erased. The main relief available is for non-convictions: a DUI charge that was dismissed, no-papered, or resolved in the defendant's favor can often be sealed, and actual-innocence sealing under the same chapter carries no waiting period. The Second Chance Amendment Act expanded sealing for many records but did not change the ineligible status of DUI convictions. A conviction therefore typically stays on the record, which is why outcomes in the underlying case matter.

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. Many people consult a licensed District of Columbia DUI attorney to understand the charge, the DMV deadline, the mandatory interlock requirement, and the options for both the criminal case and the license case. Keep the arrest paperwork, the DMV notice, and any test results in a safe place.