In December of 2022 the DC Counsel passed new regulations that mandate that the DMV revoke licenses of persons convicted of DUIs. Moreover, the DMV can revoke your DC license if you refused to submit to a breath test after a DUI arrest even if you ultimately were not convicted of a DUI. The statute is 18 DCMR 301, and you can find it HERE.
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We've also cut and pasted the regulations below. The point is this: the DC DMV is now empowered to revoke licenses even without a notice of proposed revocation hearing. There may be ways to get a restricted license for work. Applying for that license can be done on the DMV website HERE. This can be especially important if you don't live close to a metro or your work requires you to drive to different places.
Give us a call today if you're facing a DUI and license revocation in the District of Columbia.
301 MANDATORY REVOCATIONS
301.1 The Director shall revoke the license of any person upon receiving a record of such person's conviction or administrative action by the Director resulting from the occurrence of any of the following offenses:
(a) Operating or being in control of a motor vehicle while the 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, 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;
(b) Any homicide committed by means of a motor vehicle;
(c) Leaving the scene of an accident in which the motor vehicle driven by him or her was involved and in which there is personal injury without giving assistance or making known his or her identity and address and the identity and address of the owner of the vehicle;
(d) Aggravated reckless driving or operating a motor vehicle while the ability to operate a motor vehicle is impaired by the consumption of intoxicating liquor involving personal injury;
(e) Any felony in the commission of which a motor vehicle is used; or
(f) If the person is under twenty-one (21) years of age, operating a motor vehicle while the person's blood, breath, or urine contains any measurable amount of alcohol.
301.2 The Director shall revoke, for one (1) year, the license of any person who refuses to submit to chemical testing upon receipt of an officer's sworn report as required by § 5(a) of the District of Columbia Implied Consent Act, approved October 21, 1972 (86 Stat. 1018, D.C. Official Code § 50-1905(a)).
301.3 The Director shall revoke the license of a person upon receipt of evidence that the person was issued a final deportation or removal order by the federal government.
SOURCE: Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 2.304 Special Edition; as amended by § 10 of Anti-Drunk Driving Act of 1982, effective September 14, 1982 (D.C. Law 4-145; 29 DCR 3138, 3147 (July 23, 1982)); as amended by § 7 of the Alcoholic Beverage Control Act and Rules Reform Amendment Act of 1994, effective May 24, 1994 (D.C. Law 10-122; 41 DCR 1658, 1664 (April 1994)); as amended by the Anti-Drunk Driving Amendment Act of 1998, effective April 13, 1999 (D.C. Law 12-212; 46 DCR 5 (January 1, 1999)); as amended by Final Rulemaking published at 53 DCR 846 (Feb 10, 2006); as amended by the Anti-Drunk Driving Clarification Amendment Act of 2006, effective March 2, 2007 (D.C. Law 16-195; 53 DCR 8675 (October 27, 2006)); as amended by the Department of Motor Vehicles Service and Safety Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-279; 54 DCR 903, 908 (February 2, 2007)); as amended by Final Rulemaking published at 57 DCR 5243, 5245 (June 18, 2010); as amended by the Careless Driving Amendment Act of 2012, effective June 8, 2013 (D.C. Law 19-316; 60 DCR 1713 (February 15, 2013)); as amended by Final Rulemaking published at 69 DCR 015195 (December 16, 2022).
