(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, or require participation in the Ignition Interlock System Program established by § 50-2201.05a ("Program"), for any cause which he or his agent may deem sufficient; provided, that in each case where a permit is revoked or suspended, or where a person is required to participate in the Program, the reasons therefor shall be set out in the order of revocation or suspension, or the order requiring participation in the Program; 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, or requiring participation in the Program, on account of mental or physical incapacity, for driving while the person is intoxicated as defined by § 50-2206.01(9), 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 more than the amount set forth in § 22-3571.01 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; Apr. 27, 2013, D.C. Law 19-266, § 307, 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 268(c), 60 DCR 2064; Mar. 29, 2018, D.C. Law 22-77, § 3(d), 65 DCR 1555.)
Prior Codifications1981 Ed., § 40-302.
1973 Ed., § 40-302.
Section ReferencesThis section is referenced in § 23-581, § 50-1105, § 50-1401.01, § 50-1403.02, § 50-2201.03, § 50-2201.05a, § 50-2201.05b, § 50-2201.27, and § 50-2302.02.
Effect of AmendmentsD.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,”.
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”.
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”.
The 2013 amendment by D.C. Law 19-266 substituted “person is intoxicated as defined by § 50-2206.01(9)” for “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” in (a).
The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not to exceed $5,000” in (e).
Cross ReferencesCriminal procedure, warrantless arrests, see § 23-581.
Motor vehicle exhaust emissions inspections, uninspected or unfit vehicles, applicability of this section, see § 50-1105.
Regulation of traffic, certificates of title for motor vehicles, procedures for when title is refused, see § 50-2201.03.
Regulation of traffic, conviction reports, see § 50-2201.27.
Traffic adjudication, violations prosecuted as criminal offenses, see § 50-2302.02.
Expiration of LawExpiration 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.
Emergency LegislationFor 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 amendment of (a), see § 307 of the 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).
For temporary (90 days) amendment of this section, see § 307 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).
For temporary (90 days) amendment of this section, see § 268(c) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
For temporary (90 days) amendment of this section, see § 307 of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).
Temporary LegislationFor 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).
Editor's NotesSection 5 of 46 Stat. 1429, ch. 317, effective Feb. 27, 1931, provided that all convictions under the Act shall be reported by the clerk of the court to the commissioners [Mayor] or their [his] designated agent.
Section 8(b) of D.C. Law 12-212 provided: “(b) This act shall expire on September 30, 2000.”
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.
Definitions applicable: For definitions applicable in this chapter, see § 50-2201.02.
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
Change in GovernmentThis 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.