Is DUI / DWI Legal in District of Columbia? (2026)

Key facts

Status

Restricted

Permit required

No

Jurisdiction

District of Columbia

Last reviewed

2026-04-09

DUI / DWI laws in District of Columbia

Council Code §§ 50-2206.11 and 50-2206.12 prohibit operating or being in physical control of a vehicle, including a commercial vehicle, in the District while intoxicated or under the influence of alcohol, any drug or their combination. Section 50-2206.14 separately prohibits operating or physically controlling a vehicle when the person's ability is impaired by alcohol or drugs. The definition of drug includes prescription and non-prescription medication; impairment means an affected ability that can be perceived or noticed. The provisions reach physical control as well as driving, and their vehicle definition is broader than motor vehicles. Under § 50-2206.01, intoxicated generally means an alcohol concentration at testing of at least 0.08 grams per 100 milliliters of blood or per 210 liters of breath, or at least 0.10 grams per 100 milliliters of urine. For operating or physically controlling a commercial vehicle, the respective thresholds are 0.04 grams for blood or breath and 0.08 grams for urine. Any measurable amount of alcohol in blood, urine or breath satisfies the intoxicated definition for a person under 21 in either category; measurable means capable of being measured, without requiring actual measurement. These thresholds do not authorize operation below them when the separate influence or impairment prohibition applies. Commercial vehicle includes the statute's specified weight, passenger, rail, hazardous-material and vehicle-for-hire categories; it is not limited to heavy trucks. Section 50-2206.13 sets conviction penalties for violations of the general or commercial DUI provisions. Except for its repeat-offense subsections, a first offense carries a $1,000 fine, incarceration of no more than 180 days, or both, with additional mandatory-minimum conditions for the specified alcohol concentrations and listed substances. Repeat offenses bring separate fine, incarceration and mandatory-minimum provisions. The statutory prior-offense definition includes substantially similar other-jurisdiction dispositions and excludes an offense when the later end of incarceration, supervised release, parole or probation was more than 15 years before the current arrest; it does not use a simple conviction-date cutoff. The published § 50-2206.13(d-1)(1) provides license or District driving-privilege revocation for a current general or commercial DUI sentence with two qualifying prior offenses within five years. Subsection (d-1)(2) permits an application for reinstatement after five years from revocation, with reinstatement discretionary for good cause. Paragraph (d-1)(1A) is marked Not Funded, and the current publication says the D.C. Law 25-161 amendment has not been implemented; this explanation does not treat that unfunded amendment as an operative requirement. These citations explain the identified offenses, definitions and penalty provisions, and do not determine a particular person's liability, chemical-test consequences, or the retained legal-status and permit fields.

Frequently asked questions

Is dui / dwi legal in District of Columbia for travelers?

For travelers visiting District of Columbia, dui / dwi is currently restricted. Council Code §§ 50-2206.11 and 50-2206.12 prohibit operating or being in physical control of a vehicle, including a commercial vehicle, in the District while intoxicated or under the influence of alcohol, any drug or their combination. Section 50-2206.14 separately prohibits operating or physically controlling a vehicle when the person's ability is impaired by alcohol or drugs. The definition of drug includes prescription and non-prescription medication; impairment means an affected ability that can be perceived or noticed. The provisions reach physical control as well as driving, and their vehicle definition is broader than motor vehicles. Under § 50-2206.01, intoxicated generally means an alcohol concentration at testing of at least 0.08 grams per 100 milliliters of blood or per 210 liters of breath, or at least 0.10 grams per 100 milliliters of urine. For operating or physically controlling a commercial vehicle, the respective thresholds are 0.04 grams for blood or breath and 0.08 grams for urine. Any measurable amount of alcohol in blood, urine or breath satisfies the intoxicated definition for a person under 21 in either category; measurable means capable of being measured, without requiring actual measurement. These thresholds do not authorize operation below them when the separate influence or impairment prohibition applies. Commercial vehicle includes the statute's specified weight, passenger, rail, hazardous-material and vehicle-for-hire categories; it is not limited to heavy trucks. Section 50-2206.13 sets conviction penalties for violations of the general or commercial DUI provisions. Except for its repeat-offense subsections, a first offense carries a $1,000 fine, incarceration of no more than 180 days, or both, with additional mandatory-minimum conditions for the specified alcohol concentrations and listed substances. Repeat offenses bring separate fine, incarceration and mandatory-minimum provisions. The statutory prior-offense definition includes substantially similar other-jurisdiction dispositions and excludes an offense when the later end of incarceration, supervised release, parole or probation was more than 15 years before the current arrest; it does not use a simple conviction-date cutoff. The published § 50-2206.13(d-1)(1) provides license or District driving-privilege revocation for a current general or commercial DUI sentence with two qualifying prior offenses within five years. Subsection (d-1)(2) permits an application for reinstatement after five years from revocation, with reinstatement discretionary for good cause. Paragraph (d-1)(1A) is marked Not Funded, and the current publication says the D.C. Law 25-161 amendment has not been implemented; this explanation does not treat that unfunded amendment as an operative requirement. These citations explain the identified offenses, definitions and penalty provisions, and do not determine a particular person's liability, chemical-test consequences, or the retained legal-status and permit fields.

Do I need a permit for dui / dwi in District of Columbia?

District of Columbia does not specifically require a permit for dui / dwi, though general regulations apply.

Can I transport dui / dwi through District of Columbia?

Transport laws for dui / dwi in District of Columbia depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.

What are the penalties for dui / dwi violations in District of Columbia?

Penalties for dui / dwi violations in District of Columbia vary based on the specific offense. Always verify current laws before traveling.