DUI Laws in District of Columbia
The legal BAC limit in District of Columbia, first-offense DUI penalties, what happens if you refuse a test, and how long a DUI counts.
Short answer: A driver is 'intoxicated' at an alcohol concentration of 0.08 or more (blood or breath); 0.04 or more for commercial vehicle drivers. Drivers under 21 face 12 points and revocation for driving with any measurable amount of alcohol. D.C. Code §§ 50-2206.01, 50-2206.11; DC DMV Driver Point System Chart
| Legal BAC limit | A driver is 'intoxicated' at an alcohol concentration of 0.08 or more (blood or breath); 0.04 or more for commercial vehicle drivers. Drivers under 21 face 12 points and revocation for driving with any measurable amount of alcohol. A driver can also be charged when under the influence at lower levels. Re-verified 2026-10-27. |
|---|---|
| First-offense DUI penalties | A first DUI conviction carries a fine of $1,000, up to 180 days in jail, or both, with mandatory minimum jail of 10 days if BAC was at least 0.20, 15 days if over 0.25, and 20 days if over 0.30 (and 15 days for certain drugs). The DMV revokes the license for 6 months and assesses 12 points, and retesting is required to get a license back. Ignition interlock requirements after a first DUI conviction were not confirmed beyond the refusal provision. Re-verified 2026-10-27. |
| When a DUI is a felony | The District's DUI penalty law does not make a repeat DUI a felony. A first DUI carries up to 180 days in jail; a DUI with one or more prior DUI, DWI or impaired-driving offenses carries up to 1 year, with mandatory minimum jail terms that rise with the number of priors and the alcohol level, and an extra 30 days mandatory for each violation once a person has 3 priors. Separate crimes, such as homicide or assault committed with a vehicle, are handled under other laws. Re-verified 2026-10-27. |
| Refusing a breath test | A person under arrest who refuses chemical testing after being warned has the privilege to drive in DC revoked for 12 months (or is denied a license for 12 months if unlicensed). A DC license holder who refuses must enroll in the Ignition Interlock System Program. Refusal is admissible as evidence, and with a prior DUI conviction there is a rebuttable presumption of being under the influence. Re-verified 2026-10-27. Source: D.C. Code § 50-1905 |
| DUI lookback period | A 'prior offense' counts for repeat-offender penalties unless the later of any incarceration, supervised release, parole or probation for it ended more than 15 years before the current arrest. A second offense carries a $2,500 to $5,000 fine and up to one year in jail with a 10-day minimum; the DMV lists a 1-year revocation for a second DUI and 3 years for a third within 15 years. Re-verified 2026-10-27. |
| How long a DUI stays on your record | DC DMV assigns 12 points for driving under the influence or while impaired, and says points stay on a DC driving record for two years. The DMV pages read do not say how long the DUI conviction itself stays on the record. DC's criminal record sealing law was changed in recent years, and whether and when a DUI conviction can be sealed was not confirmed from the pages read. |
| Hardship or restricted license | If a license is suspended or revoked for a non-mandatory reason, the driver may be eligible for a limited occupational license allowing driving for work purposes only. The request must be made in writing to DMV Adjudication Services. |
Where to get help in District of Columbia
More District of Columbia traffic tickets & dui
- Reinstating a Driver's License in District of Columbia
- How Driver Points Work in District of Columbia
- Paying or Contesting a Traffic Ticket in District of Columbia
- All District of Columbia traffic tickets & dui rules
FAQ
What is the legal blood alcohol limit in District of Columbia?
A driver is 'intoxicated' at an alcohol concentration of 0.08 or more (blood or breath); 0.04 or more for commercial vehicle drivers. Drivers under 21 face 12 points and revocation for driving with any measurable amount of alcohol. A driver can also be charged when under the influence at lower levels.
What is the penalty for a first DUI in District of Columbia?
A first DUI conviction carries a fine of $1,000, up to 180 days in jail, or both, with mandatory minimum jail of 10 days if BAC was at least 0.20, 15 days if over 0.25, and 20 days if over 0.30 (and 15 days for certain drugs). The DMV revokes the license for 6 months and assesses 12 points, and retesting is required to get a license back.
Is a DUI a felony in District of Columbia?
The District's DUI penalty law does not make a repeat DUI a felony. A first DUI carries up to 180 days in jail; a DUI with one or more prior DUI, DWI or impaired-driving offenses carries up to 1 year, with mandatory minimum jail terms that rise with the number of priors and the alcohol level, and an extra 30 days mandatory for each violation once a person has 3 priors. Separate crimes, such as homicide or assault committed with a vehicle, are handled under other laws.
What happens if you refuse a breathalyzer in District of Columbia?
A person under arrest who refuses chemical testing after being warned has the privilege to drive in DC revoked for 12 months (or is denied a license for 12 months if unlicensed). A DC license holder who refuses must enroll in the Ignition Interlock System Program. Refusal is admissible as evidence, and with a prior DUI conviction there is a rebuttable presumption of being under the influence.
How long does a DUI count as a prior offense in District of Columbia?
A 'prior offense' counts for repeat-offender penalties unless the later of any incarceration, supervised release, parole or probation for it ended more than 15 years before the current arrest. A second offense carries a $2,500 to $5,000 fine and up to one year in jail with a 10-day minimum; the DMV lists a 1-year revocation for a second DUI and 3 years for a third within 15 years.
How long does a DUI stay on your record in District of Columbia?
DC DMV assigns 12 points for driving under the influence or while impaired, and says points stay on a DC driving record for two years. The DMV pages read do not say how long the DUI conviction itself stays on the record. DC's criminal record sealing law was changed in recent years, and whether and when a DUI conviction can be sealed was not confirmed from the pages read.
Can you get a hardship license in District of Columbia?
If a license is suspended or revoked for a non-mandatory reason, the driver may be eligible for a limited occupational license allowing driving for work purposes only. The request must be made in writing to DMV Adjudication Services.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.