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Current through October 23, 2012
(a) If a person under arrest refuses to submit to chemical testing as provided in § 50-1902(a) he shall be informed that failure to submit to such test will result in the revocation of his license or privilege to drive in the District of Columbia if the person is a nonresident. If such person, after having been so informed, still refuses to submit to chemical testing, no test shall be given, but the Mayor, upon receipt of a sworn report of the police officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the public highways while the person's alcohol concentration is 0.08 grams of 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 person's ability to operate a motor vehicle is impaired by the consumption of intoxicating liquor, or while that persons's blood, urine, or breath contains any measurable amount of alcohol if the person is under 21 years of age, and that the person had refused to submit to the 2 tests, shall revoke his license or privilege to drive in the District of Columbia if the person is a nonresident for a period of 12 months; or if the person is without a license to operate a motor vehicle in the District, the Mayor shall deny to the person the issuance of a license for a period of 12 months after the date of the alleged violation, subject to review as hereinafter provided.
(b) Any person who is unconscious, or who is otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by § 50-1902 and the 2 tests may be given; except, that if such person thereafter objects to the use of the evidence so secured, such evidence shall not be used and the license or privilege to drive in the District of Columbia of such person shall be revoked, or, if he is without a license, no license shall be issued to him for a period of 12 months.
(c) If the person under arrest refuses to submit to the test, or subsequently exercises the right to object to the use of the test results pursuant to subsection (b) of this section, evidence of such refusal shall be admissible in any civil or criminal proceeding arising as a result of the acts alleged to have been committed by the person prior to the arrest.
(Oct. 21, 1972, 86 Stat. 1018, Pub. L. 92-519, § 5; Sept. 14, 1982, D.C. Law 4-145, § 4(d), (f), 29 DCR 3138; Mar. 9, 1983, D.C. Law 4-174, § 8, 29 DCR 5753; May 5, 1992, D.C. Law 9-96, § 3(c), 38 DCR 7274; May 24, 1994, D.C. Law 10-122, § 6(b), 41 DCR 1658; Apr. 13, 1999, D.C. Law 12-212, § 4(b), 46 DCR 5; Mar. 2, 2007, D.C. Law 16-195, § 10(b), 53 DCR 8675; Mar. 14, 2007, D.C. Law 16-279, § 104(a), 54 DCR 903.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-505.
1973 Ed., § 40-1005.
Effect of Amendments
D.C. Law 16-195, in subsec. (a), substituted "person's alcohol concentration is 0.08 grams of 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 .38 micrograms or more of alcohol are contained in 1 milliliter of that person's breath, consisting of substantially alveolar air, or that person's urine contains .10% or more, by weight, of alcohol"
D.C. Law 16-279, in subsec. (a), substituted "his license or privilege to drive in the District of Columbia if the person is a nonresident" for "his license", throughout the subsection, and deleted "a resident" following "or if the person is"; and in subsec. (b), substituted "the license or privilege to drive in the District of Columbia" for "the license", and deleted "a resident" preceding "without a license".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 5(b) of Underage Drinking Temporary Amendment Act of 1993 (D.C. Law 10-12, September 11, 1993, law notification 40 DCR 6834).
For temporary (225 day) amendment of section, see § 4 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(f)(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 § 10(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 § 9(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 § 101(d)(2) 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) amendment of section, see § 101(d)(2) 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 4-145, see Historical and Statutory Notes following § 50-1901.
For legislative history of D.C. Law 4-174, see Historical and Statutory Notes following § 50-1902.
For legislative history of D.C. Law 9-96, see Historical and Statutory Notes following § 50-1901.
For legislative history of D.C. Law 10-122, see Historical and Statutory Notes following § 50-1902.
For legislative history of D.C. Law 12-212, see Historical and Statutory Notes following § 50-1902.
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 the District of Columbia Council and to a Commissioner of the District of Columbia. 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, § 1-207.13(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Mayor authorized to issue rules: See Historical and Statutory Notes following § 50-2205.02.
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.
