DUI Administrative Penalties and Appeals

The District sets forth strict legal BAC limits that automatically trigger administrative license action, initiating the process based on the arresting officer's formal report and sworn affidavit. If a driver's BAC exceeds these defined limits, the administrative action begins immediately. For instance, the general adult impairment limit is 0.08%. Refusal to submit to chemical testing (breath, blood, or urine) is considered a serious violation under D.C.’s implied consent law, resulting in an automatic and lengthy license revocation, irrespective of the actual level of impairment or a subsequent criminal acquittal.

Drivers must formally request a DMV hearing within 10 calendar days (D.C. resident) or 15 calendar days (non-residents) of receiving notice to place the action on hold. These crucial administrative hearings are held before the Adjudication Services Office, presided over by a hearing examiner, and focus solely on the administrative aspects of the stop and testing procedures, not on determining criminal guilt. Failure to request the hearing in time results in the automatic license suspension or revocation taking effect as proposed by the DMV.

At the hearing, the examiner considers narrow, specific issues such as:

• Whether the arresting officer had sufficient probable cause for the initial traffic stop and subsequent arrest.
• Whether the chemical test was administered strictly according to D.C. protocols and using calibrated equipment.
• Whether the driver was properly informed of the legal consequences of test refusal before making their decision.

To restore a suspended or revoked license, drivers are usually required to complete a comprehensive DUI Alcohol and Drug Program (ADP), which is certified by the DC Department of Behavioral Health (DBH). The specific program duration and components are typically determined by a mandatory substance abuse assessment, ensuring the intervention is tailored to the individual's risk level. This may involve extensive substance abuse counseling, attendance at alcohol education classes, or participation in Victim Impact Panels, all necessary steps toward regaining full license privileges.

Eligible drivers, particularly those facing mandatory revocation periods, may request an early reinstatement of a revoked license by voluntarily enrolling in the Ignition Interlock Device Program (IID). This program allows for restricted driving privileges, such as commuting to work or school, by requiring the IID to be installed in the vehicle at the driver’s expense. The device prevents the vehicle from starting if it detects alcohol above a minimal, preset threshold, and the driver is responsible for all associated installation, maintenance, and required monthly monitoring costs for the entire designated period.

An appeal for judicial review must be formally filed under the provisions of the District of Columbia Administrative Procedure Act (D.C. Code $2–510). This petition must be submitted to the D.C. Superior Court within 30 days of the date the DMV’s final ruling was officially served upon the individual. Missing this narrow deadline will result in the loss of the ability to contest the administrative decision in court, making timely action paramount.

The Superior Court's review is strictly limited to examining the official administrative record from the DMV hearing, which means new facts or evidence cannot be introduced by either party. The court's scope of inquiry focuses narrowly on:

• Whether the DMV adhered to all proper procedures and legal formalities during the administrative hearing process.
• Whether substantial evidence in the administrative record existed to sufficiently support the final decision reached by the DMV.
• Whether the administrative decision was arbitrary, capricious, or violated the driver's legal due process rights or statutory authority under D.C. law.