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District of Columbia Official Code 2001 Edition. |
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Division VIII. General Laws. |
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Title 50. Motor and Non-Motor Vehicles and Traffic. |
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Subtitle IV. Motorized Vehicle Registration, Inspection, Licensing. |
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Chapter 14. Operators' Permits and Identification Cards. |
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Subchapter II. Revocation and Suspension of Permit.
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(a) Except where for any violation of this subchapter revocation of the operator's permit is mandatory or where suspension or revocation is mandatory for accumulated point totals pursuant to Chapter 3 of Title 18 of the District of Columbia Municipal Regulations, the Mayor or his designated agent may revoke or suspend an operator's permit for any cause which he or his agent may deem sufficient; provided, that in each case where a permit is revoked or suspended the reasons therefor shall be set out in the order of revocation or suspension; provided further, that such order shall take effect 10 (15, if the person is a nonresident) days after its issuance unless the holder of the permit shall have filed within such period, written application with the Mayor of the District of Columbia for a review of his order or the order of his agent, and, if upon such review, the Mayor shall sustain such order, the same shall become effective immediately; provided further, that application to said Mayor for a review shall not operate as a stay of such order of the Mayor or his agent when the order has been issued revoking or suspending a permit on account of mental or physical incapacity, for driving while 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 while under the influence of intoxicating liquor or any drug or any combination thereof, or while the ability to operate a vehicle is impaired by the consumption of intoxicating liquor; for manslaughter when an automobile is involved, or for operating a motor vehicle equipped with a smoke screen.
(b) In case the operator's permit of any individual is revoked no new permit shall be issued to such individual for at least 6 months after the revocation except in the discretion of the Mayor or his designated agent.
(c) The Mayor of the District of Columbia, or his designated agent, may suspend or revoke the right of any nonresident person as defined in § 50-1401.02, to operate a motor vehicle in the District of Columbia, for any cause he or his agent may deem sufficient, and the proper authority at the place of issuance of the permit, or other authority to operate a motor vehicle shall be notified of such suspension and the reason therefor, immediately; provided, that such order of suspension or revocation shall take effect 10 days after its issuance, and the same be subject to review and appeal in the manner and under the same conditions as are provided for such matters in subsection (a) of this section.
(d) Notwithstanding any other provision of this section, the provisions of the District of Columbia Administrative Procedure Act (§ 2-501 et seq.) and particularly those of § 2-509, shall apply to each proceeding, decision, or other administrative action specified in this subchapter.
(e) Any individual found guilty of operating a motor vehicle in the District during the period for which the individual's license is revoked or suspended, or for which his right to operate is suspended or revoked, shall, for each such offense, be fined not to exceed $5,000 or imprisoned for not more than 1 year, or both.
(Mar. 3, 1925, 43 Stat. 1125, ch. 443, § 13; July 3, 1926, 44 Stat. 814, ch. 739, § 3; Feb. 27, 1931, 46 Stat. 1424, 1428, ch. 317, §§ 2, 4; June 7, 1934, 48 Stat. 926, ch. 426; May 15, 1936, 49 Stat. 1273, ch. 393; Aug. 31, 1954, 68 Stat. 1048, ch. 1173, § 1; July 8, 1963, 77 Stat. 78, Pub. L. 88-60, § 6; Dec. 23, 1963, 77 Stat. 617, Pub. L. 88-241, § 8; July 29, 1970, 84 Stat. 583, Pub. L. 91-358, title I, § 163(g)(1); Apr. 26, 1977, D.C. Law 1-133, title I, §§ 102-104, 23 DCR 9697; Sept. 14, 1982, D.C. Law 4-145, §§ 6, 7, 29 DCR 3138; Mar. 9, 1983, D.C. Law 4-174, § 12, 29 DCR 5753; Apr. 13, 1999, D.C. Law 12-212, § 2(b), 46 DCR 5; Apr. 27, 2001, D.C. Law 13-289, § 301, 48 DCR 2057; Mar. 2, 2007, D.C. Law 16-195, § 9, 53 DCR 8675; Mar. 14, 2007, D.C. Law 16-279, § 202(f), 54 DCR 903.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-302.
1973 Ed., § 40-302.
Effect of Amendments
D.C. Law 12-212, § 2(b), in subsec. (a) substituted "blood contains .08% or more, by weight, of alcohol, or while .38 micrograms or more of alcohol are contained in 1 milliliter of the individual's breath, consisting substantially of alveolar air, or while the individual's urine contains .10% or more," for "blood or breath contains .10 percent or more by weight, of alcohol, or the individual's urine contains .13 percent or more,".
Section 8(b) of D.C. Law 12-212 provides:
"(b) This act shall expire on September 30, 2000."
D.C. Law 13-289, in subsec. (a), inserted "or where suspension or revocation is mandatory for accumulated point totals pursuant to Chapter 3 of Title 18 of the District of Columbia Municipal Regulations" following "permit is mandatory".
Section 8(b) of D.C. Law 12-212, providing for the expiration of the act on September 30, 2000, was repealed by section 4 of D.C. Law 13-238.
D.C. Law 16-195, in subsec. (a), substituted "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" for "individual's blood contains .08% or more, by weight, of alcohol, or while .38 micrograms or more of alcohol are contained in 1 milliliter of the individual's breath, consisting substantially of alveolar air, or while the individual's urine contains .10% or more, by weight, of alcohol 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".
D.C. Law 16-279, in subsec. (a), substituted "shall take effect 10 (15, if the person is a nonresident) days out" for "shall take effect 5 days out".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 8(b) of Driving Under the Influence Repeat Offenders Temporary Amendment Act of 2000 (D.C. Law 13-198, October 21, 2000, law notification 47 DCR 8988).
Emergency Act Amendments
For temporary (90-day) repeal of expiration date of section, see § 4 of the Driving Under the Influence Repeat Offenders Emergency Amendment Act of 2000 (D.C. Act 13-382, July 24, 2000, 47 DCR 6697).
For temporary (90 day) amendment of section, see § 4 of the Driving Under the Influence Repeat Offenders Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-437, October 20, 2000, 47 DCR 8737).
For temporary (90 day) amendment of section, see § 4(e)(2) 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 § 9 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 § 8(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) amendment of section, see § 307 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 legislative history of D.C. Law 1-133, see Historical and Statutory Notes following § 50-1401.01.
For legislative history of D.C. Law 4-145, see Historical and Statutory Notes following § 50-1401.01.
Law 4-174 was introduced in Council and assigned Bill No. 4-398, which was referred to the Committee on Housing and Economic Development. The Bill was adopted on first and second readings on October 19, 1982, and November 16, 1982, respectively. Signed by the Mayor on December 8, 1982, it was assigned Act No. 4-257 and transmitted to both Houses of Congress for its review.
Law 12-212, the "Anti-Drunk Driving Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-581, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on October 6, 1998, and November 10, 1998, respectively. Signed by the Mayor on December 1, 1998, it was assigned Act No. 12-517 and transmitted to both Houses of Congress for its review. D.C. Law 12-212 became effective on April 13, 1999.
For D.C. Law 13-289, see notes following § 50-401.
For Law 16-195, see notes following § 50-406.
For Law 16-279, see notes following § 50-312.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Definitions applicable: For definitions applicable in this chapter, see § 50- 2201.02.
Miscellaneous Notes
Expiration of Law 12-212: Section 8(b) of D.C. Law 12-212, which provided that the act shall expire on September 30, 2000, was repealed by section 4 of D.C. Law 13-238.
(a) The Mayor shall revoke the motor vehicle operator's permit of a District resident or the privilege to operate a motor vehicle in the District of a nonresident, convicted as a result of the commission of a drug offense or adjudicated a juvenile delinquent as a result of the commission of a drug offense. Where the person is imprisoned as a result of the drug offense, the revocation shall occur following the person's release from imprisonment. If a person does not have an operator's permit, or the permit is or has been revoked or suspended at the time of the conviction of a drug offense, the issuance or reinstatement of an operator's permit will be delayed for a period of at least 6 months and not more than 2 years. If a person is convicted for the commission of a drug offense or adjudicated a delinquent for the commission of a drug offense before the person is 16 years of age, the period of disqualification shall not begin to run until the person is 16 years of age. Notification of the conviction or adjudication shall be sent electronically by the court to the Mayor within one business day of the conviction or adjudication and shall include the person's name, address, date of birth, conviction date, driver's license number, if any, social security number, if any, the offense, and any other information required by the Mayor to take the action required by this section. The revocation shall be for not less than six months and not more than 2 years.
(a-1) The Mayor may delay issuance of an operator's permit by disqualifying anyone not already in possession of a valid operator's permit when such individual is convicted of or adjudicated delinquent as a result of:
(1) The commission of a stolen vehicle offense;
(2) Operating a motor vehicle without a permit (§ 50-1401.01(d)-- residents; § 50-1401.02(i)--non-residents);
(3) Operating a motor vehicle after revocation or suspension of an operator's permit (§ 50-1403.01); or
(4) Any felony in the commission of which a motor vehicle is involved.
(a-2) In all cases where a person is convicted or adjudicated delinquent of any of the offenses set forth in subsection (a-1) of this section, the disqualification period shall commence on the later of:
(1) The date of conviction or adjudication if the person is imprisoned or legal custody of the person has been transferred to a public agency for care of delinquent children as a result of the conviction or adjudication;
(2) The person's 16th birthday if the conviction or adjudication occurs before the person is 16 years of age; or
(3) The date that a person over 16 years of age becomes eligible to have driving privileges restored if such privileges have previously been revoked or suspended.
(a-3) The disqualification period referenced in subsection(a-2) of this section shall, for any offense set forth in subsection (a-1) of this section, be:
(1) Six months for a first time violation of any offense set forth in subsection (a-1) of this section;
(2) One year for a second violation; or
(3) Two years for each subsequent violation.
(a-4) A copy of the conviction or adjudication shall be forwarded by the court to the Mayor, along with the offender's social security number or operator's permit number, together with a copy of the operator's permit.
(b) For the purposes of this section, the term:
(1) "Drug offense" means:
(A) The possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Comprehensive Drug Abuse Prevention and Control Act of 1970, approved October 27, 1970 (84 Stat. 1236; 21 U.S.C. § 801 et seq.), Unit A of Chapter 9 of Title 48, or the law of any state, territory, or possession of the United States; or
(B) The operation of a motor vehicle under the influence of such a substance.
(2) "Stolen vehicle offense" means:
(A) A theft of a motor vehicle in violation of § 22-3211;
(B) The unauthorized use of a motor vehicle in violation of § 22-3215; or
(C) Trafficking in or receiving a stolen motor vehicle in violation of § 22- 3231 or § 22-3232.
(Mar. 3, 1925, ch. 443, § 13a, as added Mar. 16, 1989, D.C. Law 7-222, § 2, 36 DCR 570; Mar. 25, 1993, D.C. Law 9-253, § 2, 40 DCR 790; Sept. 29, 2006, D.C. Law 16-167, § 2, 53 DCR 6194; Mar. 14, 2007, D.C. Law 16-279, § 405, 54 DCR 903; Apr. 24, 2007, D.C. Law 16-306, § 228(b), 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-302.1.
Effect of Amendments
D.C. Law 16-167, in subsec. (a), substituted "Notification of the conviction or adjudication shall be sent electronically by the court to the Mayor within one business day of the conviction or adjudication and shall include the person's name, address, date of birth, conviction date, driver's license number, if any, social security number, if any, the offense, and any other information required by the Mayor to take the action required by this section." for "A copy of the conviction or adjudication shall be forwarded by the court to the Mayor."
D.C. Law 16-279, in subsec. (a), deleted "in the absence of compelling circumstances warranting an exception" following "shall revoke" following "Mayor shall revoke".
D.C. Law 16-306 added subsecs. (a-1), (a-2), (a-3), and (a-4); and rewrote subsec. (b), which had read as follows:
"(b) For the purposes of this section, the term 'drug offense' means:
"(1) The possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 801 et seq.), Chapter 9 of Title 48, or the law of any state, territory, or possession of the United States; or
"(2) The operation of a motor vehicle under the influence of such a substance."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of Drug Offense Driving Privileges Revocation and Disqualification Temporary Amendment Act of 2006 (D.C. Law 16-99, May 12, 2006, law notification 53 DCR 4232).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2 of Drug Offence Driving Privileges Revocation and Disqualification Emergency Amendment Act of 2006 (D.C. Act 16-256, January 26, 2006, 53 DCR 770).
For temporary (90 day) amendment of section, see § 2 of Drug Offence Driving Privileges Revocation and Disqualification Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-360, April 26, 2006, 53 DCR 3617).
For temporary (90 day) amendment of section, see § 228(b) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 228(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 228(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 228(b) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
Law 7-222, "Motor's Vehicle Operator's Permit Revocation Amendment Act of 1988," was introduced in Council and assigned Bill No. 7-489, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on November 29, 1988 and December 13, 1988, respectively. Signed by the Mayor on January 6, 1989, it was assigned Act No. 7-297 and transmitted to both Houses of Congress for its review.
Law 9-253, the "Drug User's Automobile Forfeiture Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-154, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 1, 1992, and December 15, 1992, respectively. Signed by the Mayor on January 14, 1993, it was assigned Act No. 9-399 and transmitted to both Houses of Congress for its review. D.C. Law 9-253 became effective on March 25, 1993.
Law 16-167, the "Drug Offense Driving Privileges Revocation and Disqualification Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-565 which was referred to the Committee on Public Works and Environment. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 18, 2006, it was assigned Act No. 16-435 and transmitted to both Houses of Congress for its review. D.C. Law 16-167 became effective on September 29, 2006.
For Law 16-279, see notes following § 50-312.
Law 16-306, the "Omnibus Public Safety Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-247, which was referred to Committee on the Judiciary. The Bill was adopted on first and second readings on June 6, 2006, and October 3, 2006, respectively. Signed by the Mayor on October 17, 2006, it was assigned Act No. 16-482 and transmitted to both Houses of Congress for its review. D.C. Law 16-306 became effective on April 24, 2007.
(a) The Mayor shall suspend the motor vehicle operator's permit of a person under 21 years of age convicted of violating, or adjudicated in violation of § 25-130. The suspension shall be for the duration required by § 25-130. A copy of the conviction or adjudication shall be forwarded to the Mayor by the court or the administrative body authorized to adjudicate violations under Chapter 1 of Title 25.
(b) Any person found guilty of operating a motor vehicle in the District during the period for which the person's license or privilege is suspended, shall, for each offense, be fined not more than $1,000, imprisoned for not more than 180 days, or both.
(Mar. 3, 1925, ch. 443, § 13b, as added May 24, 1994, D.C. Law 10-122, § 4, 41 DCR 1658.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-302.2.
Legislative History of Laws
Law 10-122, the "Alcoholic Beverage Control Act and Rules Reform Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-207, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on February 1, 1994, and March 1, 1994, respectively. Signed by the Mayor on March 21, 1994, it was assigned Act No. 10-214 and transmitted to both Houses of Congress for its review. D.C. Law 10- 122 became effective on May 24, 1994.
References in Text
Section 25-130 and Chapter 1 of Title 25, referred to in this section, are part and all, respectively, of Title 25, D.C. Official Code, which title was amended and enacted by D.C. Law 13-298, effective May 3, 2001. For disposition of the subject matter of former Title 25, see the Disposition Table preceding § 25- 101.
