(a) Except as provided in subsections (b) and (c) of this section, no person in the District shall drink an alcoholic beverage or possess in an open container an alcoholic beverage in or upon any of the following places:
(1) A street, alley, park, sidewalk, or parking area;
(2) A vehicle in or upon any street, alley, park, or parking area;
(3) A premises not licensed under this title where food or nonalcoholic beverages are sold or entertainment is provided for compensation;
(4) Any place to which the public is invited and for which a license to sell alcoholic beverages has not been issued under this title;
(5) Any place to which the public is invited for which a license to sell alcoholic beverages has been issued under this title at a time when the sale of alcoholic beverages on the premises is prohibited by this title or by the regulations promulgated under this title; or
(6) Any place licensed under a club license at a time when the consumption of the alcoholic beverages on the premises is prohibited by this title or by regulations promulgated under this title.
(b) Subsection (a)(1) of this section shall not apply if drinking or possession of an alcoholic beverage occurs:
(1) In or on a structure which projects upon the parking, and which is an integral, structural part, of a private residence, such as a front porch, terrace, bay window, or vault; and
(2) By, or with the permission of, the owner or resident.
(c) No person, whether in or on public or private property, shall be intoxicated and endanger the safety of himself, herself, or any other person or property.
(d) Any person violating the provisions of subsection (a) or (c) of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $500, or imprisoned for not more than 90 days, or both.
(e) Any person in the District who is intoxicated in public and who is not conducting himself or herself in such manner as to endanger the safety of himself, herself, or of any other person or of property shall be treated in accordance with Chapter 6 of Title 24.
(Jan. 24, 1934, 48 Stat. 333, ch. 4, § 28; Aug. 27, 1935, 49 Stat. 901, 902, ch. 756, §§ 13, 14; June 29, 1953, 67 Stat. 104, ch. 159, § 404(h); Aug. 3, 1968, 82 Stat. 618, Pub. L. 90-452, § 2(a); Sept. 29, 1982, D.C. Law 4- 157, § 13, 29 DCR 3617; Dec. 3, 1985, D.C. Law 6-64, § 2, 32 DCR 5970; Mar. 26, 1999, D.C. Law 12-206, § 2(b), 45 DCR 8430; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code § 25-128.
Prior Codifications
1981 Ed., § 25-128.
1973 Ed., § 25-128.
Temporary Amendments of Section
Section 2(c) of D.C. Law 12-48, in (a), designated the existing text as (1) and added a new (2) to read as follows:
"(2) No person shall bring, or have in his or her possession, anywhere on the premises of the DC Arena, including space referred to in § 25-111(a) (7) (G-1), any container used to hold or store beverages or liquids of any kind, including, but not limited to, bottles and cans. This section shall not apply to a person duly authorized or licensed by the Board to possess, sell, give away, transport, or store alcoholic beverages or containers on the premises of the DC Arena, or to any employee or agency acting for any such duly authorized or licensed person, or to any container provided on the premises of the DC Arena by the lessee or its concessionaires and tenants."
Section 5(b) of D.C. Law 12-48 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 2(c) of the Alcoholic Beverage Control DC Arena Emergency Amendment Act of 1997 (D.C. Act 12-121, August 1, 1997, 44 DCR 4645), § 2(c) of the Alcoholic Beverage Control DC Arena Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-174, October 30, 1997, 44 DCR 6915), and § 2(c) of the Alcoholic Beverage Control DC Arena Congressional Recess Emergency Amendment Act of 1998 (D.C. Act 12-290, February 27, 1998, 45 DCR 1749).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For legislative history of D.C. Law 4-157, see Historical and Statutory Notes following § 25-101.
Law 6-64, the "Ban on Possession of Open Alcoholic Beverage Containers Act of 1985," was introduced in Council and assigned Bill No. 6-185, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on September 10, 1985, and September 24, 1985, respectively. Signed by the Mayor on October 9, 1985, it was assigned Act No. 6-87 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 12-48, see Historical and Statutory Notes following § 25-101.
For legislative history of D.C. Law 12-206, see Historical and Statutory Notes following § 25-101.
(a) No person who is under 21 years of age shall purchase, attempt to purchase, possess, or drink an alcoholic beverage in the District, except as provided under subchapter IX of Chapter 7.
(b)(1) No person shall falsely represent his or her age, or possess or present as proof of age an identification document which is in any way fraudulent, for the purpose of purchasing, possessing, or drinking an alcoholic beverage in the District.
(2) No person shall present a fraudulent identification document for the purpose of entering an establishment possessing an on-premises retailer's license, an Arena C/X license, or a temporary license.
(3) For the purpose of determining valid representation of age, each person shall be required to present to the establishment owner or representative at least one form of valid identification, which shall have been issued by an agency of government (local, state, federal, or foreign) and shall contain the name, date of birth, signature, and photograph of the individual.
(c)(1) Except as provided in paragraph (4)(D) of this subsection, any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine and suspension of driving privileges as follows:
(A) Upon the first violation, a fine of not more than $300 and suspension of driving privileges in the District for 90 consecutive days;
(B) Upon the second violation, a fine of not more than $600 and suspension of driving privileges in the District for 180 days; and
(C) Upon the third and each subsequent violation, a fine of not more than $1,000 and suspension of driving privileges in the District for one year.
(2) In lieu of proceeding to trial or disposition under paragraph (1) of this subsection, the Mayor shall offer persons who are arrested, or criminally charged by information, for a first or second violation of this section, the option of completing a diversion program authorized and approved by the Mayor. The Mayor shall determine the content of the diversion program, which may include community service and alcohol awareness and education. If the person rejects enrollment in, or fails to comply with the requirements of, or fails to complete within 6 months, the diversion program, he or she may continue to be prosecuted in accordance with paragraph (1) of this section. The Mayor, may, at his discretion, decline to offer diversion to any person who has previously been convicted of, any felony, misdemeanor, or other criminal offense.
(3) As a condition to acceptance into a diversion program, the Mayor may request that the person agree to pay the District, or its agents, a reasonable fee, as established by rule, for the costs to the District of the person's participation in the program; provided, that:
(A) The fee shall not unreasonably discourage persons from entering the diversion program; and
(B) The Mayor may reduce or waive the fee if the Mayor finds that the person is indigent.
(4)(A) Upon the expiration of 6 months following the date of a conviction or a dismissal of a proceeding, or upon the expiration of 6 months following the date of arrest if no information was filed, any person who was arrested for, or criminally charged by information with, any offense under this section may petition the court for an order expunging from the official records all records relating to the arrest, information, trial, conviction, or dismissal of the person; provided, that a nonpublic record shall be retained by the court and the Mayor solely for the purposes of conducting a criminal record check for persons applying for a position as a law enforcement officer or determining whether a person has previously received an expungement under this subsection.
(B) The court shall grant the petition described in subparagraph (A) of this paragraph if the petitioner has no pending charges for and has not been convicted of, any other felony, misdemeanor, or other criminal offense and if any fine imposed as a result of a conviction under this section has been paid; provided, that the court may grant the petition described in subparagraph (A) of this paragraph if, other than a conviction for a misdemeanor under this section, the petitioner has no pending charges for, and has not been convicted of, any felony, misdemeanor, or other criminal offense.
(C) Except as provided by this subsection, the effect of an expungement order shall be to lawfully restore the person receiving the expungement to the status he or she occupied before the arrest or information described in subparagraph (A) of this paragraph. No person for whom an expungement order permitted by this subsection has been entered may be held thereafter, under any provision of law, to be guilty of perjury or otherwise giving a false statement by failing to recite or acknowledge such arrest, information, trial, conviction, or dismissal for which the order permitted by this paragraph has been entered. The expungement of such records shall not relieve the person of the obligation to disclose such arrest, information, trial, conviction, or dismissal in response to a direct questionnaire or application for a position as a law enforcement officer.
(D) No person under the age of 21 shall be criminally charged with the offense of possession or drinking an alcoholic beverage under this section, but shall be subject to civil penalties under subsection (e) of this section.
(6) Failure to pay the fines set forth in paragraph (1) of this subsection shall result in imprisonment for a period not exceeding 30 days.
(7) The Metropolitan Police Department may enforce provisions of this section by issuing to a person alleged to have violated this section a citation under § 23-1110(b)(1). The person shall not be eligible to forfeit collateral.
(d) Repealed.
(e)(1) In lieu of criminal prosecution as provided in subsection (c) of this section, a person who violates any provision of this section shall be subject to the following civil penalties:
(A) Upon the first violation, a fine of not more than $300 and the suspension of driving privileges in the District for 90 consecutive days;
(B) Upon the second violation, a fine of not more than $600 and the suspension of driving privileges in the District for 180 days; and
(C) Upon the third or subsequent violation, a fine of not more than $1,000 and the suspension of driving privileges in the District for one year.
(2) ABRA inspectors or officers of the Metropolitan Police Department may enforce the provisions of this subsection by issuing a notice of civil infraction for a violation of subsections (a) and (b) of this section in accordance with Chapter 18 of Title 2. A violation of this subsection shall be adjudicated under Chapter 18 of Title 2.
(3)(A) In lieu of or in addition to the civil penalties provided under paragraph (1) of this subsection, as a civil penalty, the Mayor may require any person who violates any provision of this section to complete a diversion program authorized and approved by the Mayor. The Mayor shall determine the content of the diversion program, which may include community service, and alcohol awareness and education.
(B) As a condition to acceptance into a diversion program, the Mayor may request that the person agree to pay the District, or its agents, a reasonable fee, as established by rule, for the costs to the District of the person's participation in the program; provided, that:
(i) The fee shall not unreasonably discourage persons from entering the diversion program; and
(ii) The Mayor may reduce or waive the fee if the Mayor finds that the person is indigent.
(Jan. 24, 1934, 48 Stat. 335, ch. 4, § 30; Feb. 24, 1987, D.C. Law 6-178, § 2(c), 33 DCR 7654; Sept. 11, 1993, D.C. Law 10-12, § 2(d), 40 DCR 4020; May 24, 1994, D.C. Law 10-122, § 2(j), 41 DCR 1658; Apr. 9, 1997, D.C. Law 11-187, § 2, 43 DCR 4515; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 26, 2001, D.C. Law 14-42, § 6(g), 48 DCR 7612; Sept. 30, 2004, D.C. Law 15-187, § 101(gg), 51 DCR 6525; Mar. 16, 2005, D.C. Law 15- 220, § 2, 51 DCR 9603; Mar. 25, 2009, D.C. Law 17-353, § 189, 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code § 25-130.
Prior Codifications
1981 Ed., § 25-1002.
1973 Ed., § 25-130.
Effect of Amendments
D.C. Law 14-42 validated the previously made technical correction in subsec. (e)(2).
D.C. Law 15-187 designated the existing text of subsec. (c) as subsection (c)(1); and added par. (2) of subsec. (c).
D.C. Law 15-220 rewrote subsecs. (c) and (e), and repealed subsec. (d), which had read:
"(c)(1) Any person under 21 years of age who falsely represents his or her age for the purpose of purchasing, possessing, or drinking an alcoholic beverage shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined for each offense not more than $300; provided, that in default in the payment of the fine, the person shall be imprisoned for a period not exceeding 30 days.
"(2) Officers of the Metropolitan Police Department may enforce provisions of this section by issuing to a person alleged to have violated this section a citation under § 23-1110(b)(1). The person shall not be eligible to forfeit collateral.
"(d) In addition to the penalties provided in subsection (c) of this section, any person who violates any provision of this section shall be subject to the following penalties:
"(1) Upon the first violation, his or her driving privileges in the District shall be suspended for 90 consecutive days;
"(2) Upon the second violation, his or her driving privileges in the District shall be suspended for 180 days; and
"(3) Upon the third violation and each subsequent violation, his or her driving privileges in the District shall be suspended for one year."
"(e)(1) As an alternative sanction to the misdemeanor penalties provided in subsection (c) of this section, a person who violates subsection (a) or (b) of this section shall be subject to the following civil penalties:
"(A) Upon the first violation, a penalty of $300;
"(B) Upon the second violation, a penalty of $600; and
"(C) Upon the third and subsequent violations, a penalty of $1,000 and the suspension of his or her driving privileges in the District for one year.
"(2) ABRA inspectors or officers of the Metropolitan Police Department may enforce the provisions of this subsection by issuing a notice of civil infraction for a violation of subsections (a) or (b) of this section in accordance with Chapter 18 of Title 2. A violation of this subsection shall be adjudicated under Chapter 18 of Title 2."
D.C. Law 17-353, in subsec. (c)(4)(C), substituted "this paragraph" for "paragraph (4) of this paragraph".
Temporary Amendments of Section
Section 2 of D.C. Law 13-165 rewrote subsec. (b), and added subsecs. (d) and (e), to provide:
"(b)(1) No person shall falsely represent his or her age, or possess or present as proof of age an identification document which is in any way fraudulent, for the purpose of procuring or consuming an alcoholic beverage in the District.
"(2) No person shall present a fraudulent identification document for the purpose of entering a class C or D licensed ABC establishment in the District.
"(3) For the purposes of determining valid representation of age, each person shall be required to present to the ABC licensed establishment owner or representative at least one form of valid identification, which shall have been issued by an agency of government (local, state, federal, or foreign) and shall contain the name, date of birth, signature, and photograph of the individual.".
"(d)(1) As an alternative sanction to the misdemeanor penalties provided in subsection (b-1) of this section, any person who violates subsection (b)(1) or (b)(2) of this section shall be subject to the following civil penalties: "
"(A) Upon the first violation, a penalty of $300;
"(B) Upon the second violation, a penalty of $600; and
"(C) Upon the third and subsequent violations, a penalty of $1,000 and the suspension of his or her driving privileges in the District for one year.
"(2) ABC inspectors or officers of the Metropolitan Police Department may enforce the provisions of this subsection by issuing a notice of civil infraction for a violation of subsection (b)(1) or (b)(2) of this section, pursuant to the Civil Infractions Act. Adjudication of any infraction of this subsection shall be pursuant to the Civil Infractions Act.".
"(e) The Board shall, within 60 days of the effective date of the Underage Drinking Emergency Amendment Act of 2000, promulgate regulations for the implementation and administration of the provisions of the Underage Drinking Emergency Amendment Act of 2000.".
Section 5(b) of Law 13-165 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 2(d) of the Underage Drinking Emergency Amendment Act of 1994 (D.C. Act 10-236, April 28, 1994, 41 DCR 2601).
For temporary (90-day) amendment of section, see § 2 of the Underage Drinking Emergency Amendment Act of 2000 (D.C. Act 13-351, June 5, 2000, 47 DCR 5028).
For temporary (90-day) amendment of section, see § 2 of the Underage Drinking Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-412, August 14, 2000, 47 DCR 7287).
For temporary (90 day) amendment of section, see § 6(g) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).
For temporary (90 day) amendment of section, see § 2 of Alcoholic Beverage Penalty Emergency Act of 2004 (D.C. Act 15-493, August 2, 2004, 51 DCR 8787).
For temporary (90 day) amendment of section, see § 2 of Alcoholic Beverage Penalty Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-625, November 30, 2004, 52 DCR 1127).
For temporary (90 day) amendment of section, see § 2 of Alcoholic Beverage Penalty Congressional Review Emergency Act of 2005 (D.C. Act 16-34, February 17, 2005, 52 DCR 3020).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For legislative history of D.C. Law 6-178, see Historical and Statutory Notes following § 25-781.
For legislative history of D.C. Law 10-12, see Historical and Statutory Notes following § 25-753.
For legislative history of D.C. Law 10-122, see Historical and Statutory Notes following § 25-785.
Law 11-187, the "Alcoholic Beverage Underage Penalties Amendment Act of 1996," was introduced in Council and assigned Bill No. 11-606, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 19, 1996, and July 3, 1996, respectively. Signed by the Mayor on July 22, 1996, it was assigned Act No. 11-340 and transmitted to both Houses of Congress for its review. D.C. Law 11-187 became effective on April 9, 1997.
For Law 14-42, see notes following § 25-120.
For Law 15-187, see notes following § 25-101.
Law 15-220, the "Alcoholic Beverage Penalty Act of 2004", was introduced in Council and assigned Bill No. 15-823, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on July 13, 2004, and September 21, 2004, respectively. Signed by the Mayor on October 4, 2004, it was assigned Act No. 15-529 and transmitted to both Houses of Congress for its review. D.C. Law 15-220 became effective on March 16, 2005.
For Law 17-353, see notes following § 25-113.
(a) No person shall bring, or have in his or her possession, anywhere on the premises of the DC Arena, including space referred to in section § 25-114, a container used to hold or store beverages or liquids of any kind, including bottles and cans.
(b) This section shall not apply to a person licensed by the Board to possess, sell, give away, transport, or store alcoholic beverages or containers on the premises of the DC Arena; to an employee or agency acting for any such duly authorized or licensed person; or to a container provided on the premises of the DC Arena by the lessee or its concessionaires and tenants.
(Jan. 24, 1934, 48 Stat. 319, Ch. 4, § 28a, as added Mar. 26, 1999, D.C. Law 12-202, § 2(c), 45 DCR 8412; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code § 25-128.1.
Prior Codifications
1981 Ed., § 25-1003.
Emergency Act Amendments
For temporary (90-day) addition of section, see § 2(c) of the Alcoholic Beverage Control DC Arena Emergency Amendment Act of 1998 (D.C. Act 12-478, October 28, 1998, 45 DCR 8010) and § 2(c) of the Alcoholic Beverage Control DC Arena Second Emergency Act of 1998 (D.C. Act 12-551, December 24, 1998, 45 DCR 517).
For temporary (90-day) amendment of § 5 of the Alcoholic Beverage Control DC Arena Second Emergency Amendment Act of 1998 (D.C. Act 12-551, December 24, 1998, 45 DCR 517), see § 3 of the Omnibus Regulatory Reform and Alcoholic Beverage Control DC Arena Clarifying Emergency Amendment Act of 1999 (D.C. Act 13-1, January 29, 1999, 46 DCR 2284).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
Law 12-202, the "Alcoholic Beverage Control DC Arena Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-294, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on July 7, 1998, and September 22, 1998, respectively. Signed by the Mayor on October 13, 1998, it was assigned Act No. 12-488 and transmitted to both Houses of Congress for its review. D.C. Law 12- 202 became effective on March 26, 1999.
(a) No person shall operate or be in physical control of any vessel or watercraft, including water skis, aquaplane, sailboard, personal watercraft, or similar device in the District, if:
(1) The person's alcohol concentration is 0.08 grams or more either per 100 milliliters of blood or per 210 liters of breath or is 0.10 grams or more per 100 milliliters of urine; or
(2) [Repealed].
(3) The person is under the influence of intoxicating liquor or any controlled substance or a combination thereof.
(b) A person under 21 years of age shall not operate or be in physical control of any vessel or watercraft, including water skis, aquaplane, sailboard, personal watercraft, or a similar device in the District if the person's blood, breath, or urine contains any measurable amount of alcohol.
(c) No person shall operate or be in physical control of any vessel or watercraft while the person is impaired by the consumption of intoxicating liquor.
(d) For the purposes of this section and §§ 25-1005 through 25-1007, the term "controlled substance" has the same meaning as set forth in § 48- 901.02(4).
(e) The Harbor Master shall be directly responsible for enforcing this section and shall ensure that the public is made aware of the District's aggressive enforcement policy through a continual public awareness campaign.
(Apr. 9, 1997, D.C. Law 11-248, §§ 2, 7, 44 DCR 1242; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 2, 2007, D.C. Law 16-195, § 3(a), 53 DCR 8675.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code §§ 25-126.1 and 25-126.6(c).
Prior Codifications
1981 Ed., § 25-1004.
Effect of Amendments
D.C. Law 16-195, in subsec. (a), rewrote par. (1) and repealed par. (2), which had read as follows:
"(1) The person's blood contains (A) .08% or more, by weight, of alcohol, or (B) .48 micrograms or more of alcohol are contained in one milliliter of the person's breath, consisting of substantially alveolar air;
"(2) The person's urine contains .13% or more, by weight, of alcohol; or"
Temporary Addition of Section
Section 2 of D.C. Law 11-201 added §§ 25-127.1 through 25-127.6.
Section 10(b) of D.C Law 11-201 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90-day) addition of §§ 25-127.1 through 25-127.6, see § 2-7 of the Boating While Intoxicated Emergency Act of 1996 (D.C. Act 11-346, August 8, 1996, 43 DCR 4621), § 2-7 of the Boating While Intoxicated Congressional Review Emergency Act of 1996 (D.C. Act 11-411, October 28, 1996, 43 DCR 6063) and §§ 2-7 of the Boating While Intoxicated Second Congressional Review Emergency Act of 1996 (D.C. Act 11-469, December 30, 1996, 44 DCR 179).
For temporary (90 day) amendment of section, see § 3(a) of Anti-Drunk Driving Clarification Emergency Amendment Act of 2006 (D.C. Act 16-469, July 31, 2006, 53 DCR 6764).
For temporary (90 day) amendment of section, see § 3(a) of Anti-Drunk Driving Clarification Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-518, October 27, 2006, 53 DCR 9104).
For temporary (90 day) amendment of section, see § 3(a) of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-6, January 16, 2007, 54 DCR 1452).
For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).
For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
Law 11-201, the "Boating While Intoxicated Temporary Act of 1996," was introduced in Council and assigned Bill No. 11-804. The Bill was adopted on first and second readings on July 3, 1996, and July 17, 1996, respectively. Signed by the Mayor on July 26, 1996, it was assigned Act. No. 11-364 and transmitted to both Houses of Congress for its review. D.C. Law 11-201 became effective on April 9, 1997.
Law 11-248, the "Boating While Intoxicated Act of 1996," was introduced in Council and assigned Bill No. 11-567, which was referred to the Committee on Public Works and the Environment. The Bill was adopted in first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-511 and transmitted to both Houses of Congress for its review. D.C. Law 11-248 became effective on April 9, 1997.
Law 16-195, the "Anti-Drunk Driving Clarification Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-463, which was referred to the Committee on Public Works and Environment. The Bill was adopted on first and second readings on July 11, 2006, and October 3, 2006, respectively. Signed by the Mayor on October 18, 2006, it was assigned Act No. 16-488 and transmitted to both Houses of Congress for its review. D.C. Law 16-195 became effective on March 2, 2007.
(a) If there is a reasonable suspicion to believe that the person is operating or in physical control of any vessel or watercraft while under the influence of, or intoxicated by, alcohol or a controlled substance, he or she shall be deemed to have given consent for 2 chemical tests of the person's blood, urine, or breath for the purpose of determining the person's blood-alcohol or drug content. If a person refuses to submit to a chemical test under this section, the Superior Court of the District of Columbia shall order the person not to operate any vessel or watercraft for at least one year.
(b) The arresting police officer or any other appropriate law enforcement official shall elect which chemical test shall be administered to the person; provided, that the person may object to a particular test on valid religious or medical grounds.
(c) The test shall be administered at the direction of a police officer or other appropriate law enforcement official.
(d) Chemical tests shall be performed on all operators involved in a fatal accident. If a person who operates or is in physical control of any vessel or watercraft is declared dead by competent authority, the person shall be deemed to have given his or her consent to chemical tests as soon as practical after the death has been declared to be the result of a fatal accident.
(e) The refusal to submit to either of the 2 tests required in this section shall be admissible in any civil or criminal proceeding arising as a result of the acts alleged to have been committed by the person before the arrest. A refusal to submit to any test as required by this section shall constitute a misdemeanor and, upon conviction, shall be punished by a $500 fine, imprisonment of 90 days, or both.
(Apr. 9, 1997, D.C. Law 11-248, §§ 3, 7, 44 DCR 1242; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code §§ 25-126.2 and 25-126.6(a).
Prior Codifications
1981 Ed., § 25-1005.
Temporary Addition of Section
See Historical and Statutory Notes following § 25-1004.
Emergency Act Amendments
For temporary (90-day) addition of section, see Historical and Statutory Notes following § 25-1004.
For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).
For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For legislative history of D.C. Law 11-201, see Historical and Statutory Notes following § 25-1004.
For legislative history of D.C. Law 11-248, see Historical and Statutory Notes following § 25-1004.
(a) A law enforcement officer who has reasonable grounds to believe that a person is or has been violating any provision of this section, without making an arrest or issuing a citation, may request the person to submit to a preliminary breath test, to be administered by the officer, who shall use a device which the Mayor has by rule approved for that purpose. Before administering the test, the officer shall advise the person to be tested that the results of the test will be used to aid in the officer's decision whether or not to arrest the person.
(b) The results of a preliminary test shall not be used as evidence by the District in any prosecution and shall not be admissible in any judicial proceedings; provided, that the results of the test may be used, and shall be admissible, in any judicial proceeding in which the validity of the arrest or the conduct of the officer is an issue.
(c) The admissibility of all test results shall be governed by § 50-2205.03.
(Apr. 9, 1997, D.C. Law 11-248, § 4, 44 DCR 1242; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code § 25-126.3.
Prior Codifications
1981 Ed., § 25-1006.
Temporary Addition of Section
See Historical and Statutory Notes following § 25-1004.
Emergency Act Amendments
For temporary (90-day) addition of section, see Historical and Statutory Notes following § 25-1004.
For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).
For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For legislative history of D.C. Law 11-201, see Historical and Statutory Notes following § 25-1004.
For legislative history of D.C. Law 11-248, see Historical and Statutory Notes following § 25-1004.
(a) A person violating § 25-1004(a) or (b) shall be guilty of a misdemeanor and:
(1) Upon conviction for the first offense, shall be fined an amount not to exceed $500, imprisoned for not more than 90 days, or both;
(2) Upon conviction for a second offense within a 15-year period, shall be fined an amount not to exceed $5,000, imprisoned for not more than one year, or both; and
(3) Upon conviction for a third or subsequent offense within a 15-year period, shall be fined an amount not to exceed $10,000, imprisoned for not more than one year, or both.
(b) A person violating § 25-1004(c) shall be guilty of a misdemeanor and:
(1) Upon conviction for the first offense, shall be fined an amount not to exceed $300, imprisoned for not more than 30 days, or both;
(2) Upon conviction for a second offense within a 15-year period, shall be fined an amount not to exceed $1,000, imprisoned for not more than 90 days, or both; and
(3) Upon conviction for the third or subsequent offense within a 15-year period, shall be fined an amount not to exceed $5,000, imprisoned for not more than one year, or both.
(Apr. 9, 1997, D.C. Law 11-248, § 5, 44 DCR 1242; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code § 25-126.4.
Prior Codifications
1981 Ed., § 25-1007.
Temporary Addition of Section
See Historical and Statutory Notes following § 25-1004.
Emergency Act Amendments
For temporary (90-day) addition of section, see Historical and Statutory Notes following § 25-1004.
For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).
For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For legislative history of D.C. Law 11-201, see Historical and Statutory Notes following § 25-1004.
For legislative history of D.C. Law 11-248, see Historical and Statutory Notes following § 25-1004.
(a) If a person is tried in any court of competent jurisdiction within the District for operating a vessel or watercraft in violation of § 25-1004 or manslaughter committed in the operation of a vessel or watercraft in violation of § 22-2105, and in the course of the trial there is received, based upon a chemical test, evidence of alcohol in the defendant's blood, urine, or breath, such evidence:
(1) Shall, if at the time of testing, defendant's alcohol concentration was 0.05 grams or less per 100 milliliters of blood or per 210 liters of breath or 0.06 grams or less per 100 milliliters of urine, establish a rebuttable presumption that the defendant was not, at the time, under the influence of intoxicating liquor.
(2) Shall not, if at the time of testing, defendant's alcohol concentration was more than 0.05 grams per 100 milliliters of blood or per 210 liters of breath or more than 0.06 grams per 100 milliliters of urine, but less than 0.08 grams per 100 milliliters of blood or per 210 liters of breath or less than 0.10 grams per 100 milliliters of urine, establish a presumption that the defendant was or was not, at the time, under the influence of intoxicating liquor, but it may be considered with other competent evidence in determining whether the defendant was under the influence of intoxicating liquor.
(Apr. 9, 1997, D.C. Law 11-248, § 6, 44 DCR 1242; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 26, 2001, D.C. Law 14-42, § 6(h), 48 DCR 7612; Mar. 2, 2007, D.C. Law 16-195, § 3(b), 53 DCR 8675.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code § 25-126.5.
Prior Codifications
1981 Ed., § 25-1008.
Effect of Amendments
D.C. Law 14-42, in subsec. (a)(2), inserted a comma after "test".
D.C. Law 16-195, in the introductory language, substituted "and in the course of the trial there is received, based upon a chemical test, evidence of alcohol in the defendant's blood, urine, or breath, such evidence:" for "the following standards shall apply to competent evidence based upon a chemical test:"; and rewrote pars. (1) and (2), which had read as follows:
"(1) If (A) at the time of operation, the defendant's blood contained less than .05% by weight, of alcohol, (B) defendant's urine contained less than . 06%, by weight, of alcohol, or (C) at the time of the test, less than .24 micrograms of alcohol were contained in one milliliter of his or her breath, consisting of substantially alveolar air, this evidence shall not establish a presumption that the defendant was or was not, at the time, under the influence of intoxicating liquor, but it may be considered with other competent evidence in determining whether the defendant was under the influence of intoxicating liquor.
"(2) If (A) at the time of operation, the defendant's blood contained .05% or more, by weight of alcohol, (B) defendant's urine contained .06% or more, by weight of alcohol, or (C) at the time of the test, .24 micrograms or more of alcohol were contained in one milliliter of his or her breath, consisting of substantially alveolar air, this evidence shall constitute prima facie proof that the defendant was, at the time, under the influence of intoxicating liquor or the defendant's ability to operate a vessel was impaired by the consumption of intoxicating liquor."
Temporary Addition of Section
See Historical and Statutory Notes following § 25-1004.
Emergency Act Amendments
For temporary (90-day) addition of section, see Historical and Statutory Notes following § 25-1004.
For temporary (90 day) amendment of section, see § 6(h) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).
For temporary (90 day) amendment of section, see § 3(b) of Anti-Drunk Driving Clarification Emergency Amendment Act of 2006 (D.C. Act 16-469, July 31, 2006, 53 DCR 6764).
For temporary (90 day) amendment of section, see § 3(b) of Anti-Drunk Driving Clarification Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-518, October 27, 2006, 53 DCR 9104).
For temporary (90 day) amendment of section, see § 3(b) of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-6, January 16, 2007, 54 DCR 1452).
For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).
For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For legislative history of D.C. Law 11-201, see Historical and Statutory Notes following § 25-1004.
For legislative history of D.C. Law 11-248, see Historical and Statutory Notes following § 25-1004.
For Law 14-42, see notes following § 25-120.
For Law 16-195, see notes following § 25-1004.
(a) No person shall be intoxicated while in charge of or operating a locomotive; acting as a conductor or brakeman of a car or train of cars; or operating a streetcar, or horse-drawn vehicle.
(b) A person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $300, or by imprisonment for not longer than 3 months, or both.
(c) Nothing herein contained shall be construed as repealing or modifying §§ 50-1401.01, 50-1401.02, 50-1403.01, 50-2201.03 through 50-2201.05, and 50-2201.27.
(d) Civil penalties and fees may be imposed as alternative sanctions for any violation of this section in accordance with the procedures under Chapter 18 of Title 2.
(Jan. 24, 1934, 48 Stat. 333, ch. 4, § 27; Oct. 5, 1985, D.C. Law 6-42, § 455(a), 32 DCR 4450; Apr. 9, 1997, D.C. Law 11-248, § 8(a), 44 DCR 1242; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 26, 2001, D.C. Law 14-42, § 6(i), 48 DCR 7612.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code § 25-127.
Prior Codifications
1981 Ed., § 25-1009.
1973 Ed., § 25-127.
Effect of Amendments
D.C. Law 14-42 validated the previously made technical correction in subsec. (c).
Emergency Act Amendments
For temporary amendment of section, see § 8(a) of the Boating While Intoxicated Emergency Act of 1996 (D.C. Act 11-346, August 8, 1996, 43 DCR 4621), § 8(a) of the Boating While Intoxicated Congressional Review Emergency Act of 1996 (D.C. Act 11-411, October 28, 1996, 43 DCR 6063), and § 8(a) of the Boating While Intoxicated Second Congressional Review Emergency Act of 1996 (D.C. Act 11-469, December 30, 1996, 44 DCR 179), and § 8(a) of the Boating While Intoxicated Congressional Review Emergency Act of 1997 (D.C. Act 12-52, March 31, 1997, 44 DCR 2204),.
For temporary addition of a new subchapter, consisting of §§ 25-127a.1 through 25-127a.6, see § 2-7 of the Boating While Intoxicated Congressional Review Emergency Act of 1997 (D.C. Act 12-52, March 31, 1997, 44 DCR 2204).
For temporary (90 day) amendment of section, see § 6(i) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).
For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).
For temporary (90 day) repeal of section, see § 302 of Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
Law 6-42, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985," was introduced in Council and assigned Bill No. 6-187, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 25, 1985, and July 9, 1985, respectively. Signed by the Mayor on July 16, 1985, it was assigned Act No. 6- 60 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 11-201, see Historical and Statutory Notes following § 25-1004.
For legislative history of D.C. Law 11-248, see Historical and Statutory Notes following § 25-1004.
For Law 14-42, see notes following § 25-120.
