DUI in Washington, D.C.

Elements of the Offense

There are two elements to the DUI offense.  First, the prosecution needs to prove that the defendant was “operating” or in “physical control” of the vehicle.  Second, the prosecution needs to prove that the defendant’s ability to operate or control the vehicle was impaired as a result of either drug or alcohol intoxication.  D.C. Code 50-2201.05(b).

Penalties

First Conviction:  The penalty for a first conviction of DUI is a $300 fine and up to 90 days in jail (all of which can be suspended).

Second Conviction:  The penalty for a second conviction within a 15-year period is a $1000-$5000 fine and a sentence of up to a year, with at least 5 days that cannot be suspended.

Third Conviction: The penalty for a third conviction within a 15-year period is a fine of $2,000-$10,000 and either a mandatory 10 day to one year period of incarceration or at least 60 days of community service.

In any case in which the defendant is found to have been transporting a minor at the time of the incident, there is an additional fine of $500-$1000 and the requirement that the defendant perform 48 hours of community service benefiting children or, for a second or subsequent offense, 80 hours of community service.  D.C. Code 2201.05.