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2017 District of Columbia Code
Title 50 - Motor and Non-Motor Vehicles and Traffic.
Chapter 19 - Motor Vehicle Operators; Implied Consent to Chemical Testing.
Subchapter III - Watercraft.
§ 50–1909. Preliminary breath test.

Universal Citation: DC Code § 50–1909 (2017)
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(a) When a law enforcement officer has reasonable grounds to believe that a person is or has been operating or in physical control of a watercraft within the District while intoxicated or while the person’s ability to operate a watercraft is impaired by the consumption of alcohol or a drug or a combination thereof, the law enforcement officer may, without making an arrest or issuing a violation notice, request that the person submit to a preliminary breath test, to be administered by the law enforcement officer, who shall use a device which the Mayor has approved by rule for that purpose.

(b) Before administering the test, the law enforcement officer shall advise the person to be tested that the test is voluntary and that the results of the test will be used to aid in the law enforcement officer’s decision whether to arrest the person.

(c) The results of the preliminary breath test shall be used by the law enforcement officer to aid in the decision whether to arrest the person, and the results of the test shall not be used as evidence by the District in any prosecutions and shall not be admissible in any judicial proceeding except in any judicial or other proceeding in which the validity of the arrest or the conduct of the law enforcement officer is an issue.

(Oct. 21, 1972, 86 Stat. 1017, Pub. L. 92-519, § 7b; as added Apr. 27, 2013, D.C. Law 19-266, § 101(e), 59 DCR 12957.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 101(e) 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) addition of this section, see § 101(e) 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).

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