DC DUI Penalties

DUI and DWI

First Conviction

  • Up to 180 days in jail
  • $1,000 fine
  • If BAC is between 0.20 and 0.25 (0.25 to 0.32 urine), mandatory 10 days in jail
  • If BAC is above 0.25 (0.32 to 0.39 urine), mandatory 15 days in jail
  • If BAC is above 0.30 (0.39 urine), mandatory 20 days in jail
  • If a Schedule I drug found in system, mandatory 15 days in jail
  • If transporting a person under the age of 18 at the time of citation, additional fine of up to $1,000 and 5-10 days in jail per minor
  • License suspension/revocation of six months to one year (DMV sanction)

Second Conviction (within 15 years of prior conviction)

  • Up to one year in jail, with a mandatory minimum 10 days
  • $2,500 – $5,000 fine
  • If BAC is between 0.20 and 0.25 (0.25 to 0.32 urine), mandatory 15 days in jail
  • If BAC is above 0.25 (0.32 to 0.39 urine), mandatory 20 days in jail
  • If BAC is above 0.30 (0.39 urine), mandatory 25 days in jail
  • If a Schedule I drug found in system, mandatory 20 days in jail
  • If transporting a person under the age of 18 at the time of citation, additional fine of up to $1,000 and 5-10 days in jail per minor
  • License suspension of up to one year (DMV sanction)

Third Conviction or more (within 15 years of prior convictions)

  • Up to one year in jail, with a mandatory minimum 15 days
  • $2,500 – $10,000 fine
  • If BAC is between 0.20 and 0.25 (0.25 to 0.32 urine), mandatory 20 days in jail
  • If BAC is above 0.25 (0.32 to 0.39 urine), mandatory 25 days in jail
  • If BAC is above 0.30 (0.39 urine), mandatory 30 days in jail
  • If a Schedule I drug found in system, mandatory 25 days in jail
  • If transporting a person under the age of 18 at the time of citation, additional fine of up to $1,000 and 5-10 days in jail per minor
  • Additional 30 days jail for each additional conviction beyond third conviction within 15 years
  • License suspension of two to three years (DMV sanction)

OWI

First Conviction

  • Up to 90 days in jail
  • $500 fine
  • If transporting a person under the age of 18 at the time of citation, additional fine of up to $1,000 and 5-10 days in jail per minor

Second Conviction (within 15 years of prior conviction)

  • Up to one year in jail, mandatory five days in jail
  • $1,000-$2,500 fine
  • If transporting a person under the age of 18 at the time of citation, additional fine of up to $1,000 and 5-10 days in jail per minor

Third Conviction (within 15 years of prior conviction)

  • Up to one year in jail, mandatory ten days in jail
  • $1,000 – $5,000 fine

In DC, under the “implied consent law,” you are deemed to have consented to give a chemical test if there is probability that you have committed an alcohol-related traffic offense. Although you can refuse and the refusal will strip the prosecution of chemical evidence, refusal comes with consequences, including the possible use of a refusal against you as “consciousness of guilt” evidence during the trial as well as a lengthier suspension of driving privileges.

Here is further information on penalties for DWI, OWI, and DUI convictions in DC.