DWI in Washington, D.C.

Elements of the Offense

The prosecution needs to prove two things to secure a conviction for driving while intoxicated (DWI) in D.C.  First, it needs to prove that the defendant was “operating” or in “physical control” of the vehicle.  This means that the defendant doesn’t have to be actually driving the car.  Sitting at the wheel with the keys in the ignition, for example, could be enough for the court to infer operation or physical control.

Second, the prosecution needs to prove that, at the time of testing, the blood alcohol concentration of the person operating the car was 0.08 grams or greater.  Unlike the related offense of driving under the influence, the prosecution does not need to prove impaired driving through intoxication. D.C. Code 50-2201.05(b).

Penalties

First Conviction:  The penalty for a first conviction of DWI is a $300 fine and up to 90 days in jail (all of which can be suspended).  However, if the blood alcohol concentration of the defendant at the time of testing is 0.20 – 0.25 grams per 100 milliliters of blood, there is a 5 day mandatory minimum sentence of imprisonment that cannot be suspended.  If the blood alcohol concentration is greater than 0.25 grams, there is an additional 10 days mandatory minimum sentence.

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.  If the defendant’s blood alcohol concentration is 0.20-0.25 grams, there is an additional 10 days of mandatory imprisonment.  If the blood alcohol is greater than 0.25 grams, there is an additional 20 days of mandatory imprisonment.

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.  If the blood alcohol concentration is 0.20-0.25 grams, the defendant is required to serve an additional 15 days of mandatory imprisonment.  If the blood alcohol concentration is greater than 0.25 grams, there is an additional 25 days of mandatory incarceration.

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 50-2201.05.