2017 District of Columbia Code
Title 50 - Motor and Non-Motor Vehicles and Traffic.
Chapter 22 - Regulation of Traffic.
Subchapter III-A - Impaired Operating or Driving.
Part A - Definitions.
§ 50–2206.01. Definitions.

Universal Citation: DC Code § 50–2206.01 (2017)

For the purposes of this subchapter, the term:

(1) “Active metabolite” means an active form of a drug after it has been processed by the body.

(2) “Alcohol” means a liquid, gas, or solid, containing ethanol from whatever source or by whatever processes produced, whether or not intended for human consumption.

(3) “Chemical test” or “chemical testing” means any qualitative or quantitative procedure which is designed to demonstrate the existence or absence of a chemical compound or chemical group. Any handheld and portable breath testing instrument, otherwise known as a roadside breath test, is excluded from this definition.

(4) “Commercial vehicle” means a vehicle used to transport passengers or property:

(A) If the vehicle has a gross vehicle weight rating of greater than 26,000 pounds or a lesser rating as determined by federal regulation but not less than a gross vehicle weight rating of 10,001 pounds;

(B) If the vehicle is designed to transport more than 15 passengers, including the driver;

(C) If the vehicle is a locomotive or a streetcar;

(D) If the vehicle is used to transport a material found to be hazardous by the Mayor in accordance with Chapter 14 of Title 8 [§ 8-1401 et seq.], or by the Secretary of Transportation in accordance with the Hazardous Materials Transportation Act, approved January 3, 1975 (88 Stat. 2156; 49 U.S.C. § 1801 et seq.); or

(E) If the vehicle is a vehicle for hire.

(5) “Court” means the Superior Court of the District of Columbia, except when used in the definition of “prior offense” when it shall also include courts of other jurisdictions.

(6) “Drug” means any chemical substance that affects the processes of the mind or body, including but not limited to a controlled substance as defined in § 48-901.02(4), and any prescription or non-prescription medication.

(7) “Highway” means any street, road, or public thoroughfare, or the entire width between the boundary lines of every publicly or privately maintained way, when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel.

(8) “Impaired” means a person’s ability to operate or be in physical control of a vehicle is affected, due to consumption of alcohol or a drug or a combination thereof, in a way that can be perceived or noticed.

(9) “Intoxicated” means:

(A) Except as provided in subparagraph (B) of this paragraph, that:

(i) An alcohol concentration at the time of testing of 0.08 grams or more per 100 milliliters of the person’s blood or per 210 liters of the person’s breath, or of 0.10 grams or more per 100 milliliters of the person’s urine; or

(ii) Any measurable amount of alcohol in the person’s blood, urine, or breath if the person is under 21 years of age.

(B) If operating or in physical control of a commercial vehicle, that:

(i) An alcohol concentration at the time of testing of 0.04 grams or more per 100 milliliters of the person’s blood or per 210 liters of the person’s breath, or of 0.08 grams or more per 100 milliliters of the person’s urine; or

(ii) Any measurable amount of alcohol in the person’s blood, urine, or breath if the person is under 21 years of age.

(10) “Law enforcement officer” means a sworn member of the Metropolitan Police Department or a sworn member of any other police force operating in the District of Columbia.

(11) “Mandatory-minimum term of incarceration” means a term of incarceration which shall be imposed and cannot be suspended by the court. The person shall not be released or granted probation, or granted suspension of sentence before serving the mandatory-minimum sentence.

(12) “Mayor” means the Mayor of the District of Columbia or his or her designee.

(13) “Measurable amount” means any amount of alcohol capable of being, but not required to be, measured.

(14) “Minor” means a person under the age of 18 years.

(15) “Motor vehicle” means all vehicles propelled by internal-combustion engines, electricity, or steam. The term “motor vehicle” shall not include traction engines, road rollers, vehicles propelled only upon rails or tracks, personal mobility devices, as defined by paragraph (16) of this section, or a battery-operated wheelchair when operated by a person with a disability.

(16) “Personal mobility device” or “PMD” means a motorized propulsion device designed to transport one person or a self-balancing, 2 non-tandem wheeled device, designed to transport only one person with an electric propulsion system, but does not include a battery-operated wheelchair.

(17) “Prior offense” means any guilty plea or verdict, including a finding of guilty in the case of a juvenile, for an offense under District law or a disposition in another jurisdiction for a substantially similar offense which occurred before the current offense regardless of when the arrest occurred. The term “prior offense” does not include an offense where the later of any term of incarceration, supervised release, parole, or probation ceased or expired more than 15 years before the arrest on the current offense.

(18) “Specimen” means that quantity of a person’s blood, breath, or urine necessary to conduct chemical testing to determine alcohol or drug content. A single specimen may be comprised of multiple breaths into a breath test instrument if necessary to complete a valid breath test, or a single blood draw or single urine sample regardless of how many times the blood or urine sample is tested.

(19) “This subchapter” includes all lawful regulations issued thereunder by the Council of the District of Columbia and all lawful rules issued thereunder by the Mayor of the District of Columbia or his designated agent.

(20) “Traffic” includes not only motor vehicles but also all vehicles, pedestrians, and animals, of every description.

(21) “Vehicle” includes any appliance moved over a highway on wheels or traction tread, including street cars, draft animals, and beasts of burden.

(22) “Vehicle for hire” means:

(A) Any motor vehicle operated in the District by a private concern or individual as an ambulance, funeral car, sightseeing vehicle, or for which the rate is fixed solely by the hour;

(B) Any motor vehicle operated in the District by a private concern used for services including transportation paid for by a hotel, venue, or other third party;

(C) Any motor vehicle used to provide transportation within the District between fixed termini or on a schedule, including vehicles operated by the Washington Metropolitan Area Transit Authority or other public authorities, not including rental cars; or

(D) Any other vehicle that provides transportation for a fee not operated on a schedule or between fixed termini and operating in the District, including taxicabs, limousines, party buses, and pedicabs.

(23) “Watercraft” means a boat, ship, or other craft used for water transportation, as well as water skis, an aquaplane, a sailboard, or a similar vessel.

(Sept. 14, 1982, D.C. Law 4-145, § 3a; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(2)(C), 59 DCR 12957.)

Section References

This section is referenced in § 1-620.24, § 1-620.33, § 24-211.23, § 48-921.02a, § 50-1301.37, and § 50-1403.01.

Effect of Amendments

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

Emergency Legislation

For temporary (90 days) addition of section, see § 103(e)(2)(C) of the 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 days) addition of section, see § 103(e)(2)(C) 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) addition of this section, see § 103(e)(2)(C) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment 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 § 103(e)(2)(C) 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).

Editor's Notes

As amended by D.C. Law 19-266, this section had two subdivisions designated as (2), but no subdivision (4). Consequently, the second subdivision (2) and subdivision (3) were redesignated as (3) and (4), respectively.

Section 103(a) and (e)(1) of D.C. Law 19-266 designated D.C. Law 4-145, §§ 2 and 3 as Subtitle A of Title I of the act.

Section 103(b) of D.C. Law 19-266 designated D.C. Law 4-145, §§ 4 to 11 as Title II of the act.

Section 103(c) of D.C. Law 19-266 designated D.C. Law 4-145, §§ 12 and 13 as Title III of the act.

Section 103(d) of D.C. Law 19-266 designated D.C. Law 4-145, § 14 as Title IV of the act.

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