Understanding 18 DCMR 301

18 DCMR 301, plays a new role in DC law enforcement against DUIs.  Passed in 2022, this is the new law that the DMV is using to try to force drivers to get ignition interlocks in their cars.  This regulation allows the DMV to revoke licenses.

Key Points of 18 DCMR 301

1. Mandatory Revocation for .08 BAC: The DMV can revoke your license if they get a "report" that a driver's BAC was .08 or greater.  What is this report?  The statute doesn't exactly say, but suffice it to say that the DMV will probably use any report or affidavit filed with the Court in your case to satisfy this element.  
2. Mandatory Revocation for Refusal: The DMV can now revoke your license for one year if you refuse to blow into a breathalyzer.  
3. Mandatory Revocation for Leaving after Colliding:  Most people call this "hit and run."  Interestingly, the statute suggests that there must be some type of personal injury involved for a suspension under this part of the regulation.
4. Mandatory Revocation for Aggravated Reckless Driving: Aggravated reckless driving is covered by § 50-2201.04. It involves:  (1) “carelessly and heedlessly in willful or wanton disregard of the rights and safety of others” or (2) “without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property.”  You can also be convicted of aggravated reckless driving under § 50-2201.04. by driving over 30 miles per hour over the speed limit, causing bodily harm or permanent disability or disfigurement to another, or causing property damage in excess of $1,000.

The DMV can also revoke your license under 18 DCMR 301 if you're convicted of a felony "in the commission of which a motor vehicle is used" (think:  robbing a bank and trying to get away in a car), underaged drinking, or anything that results in a homicide while a motor vehicle is used, or if you're being deported.

FAQs

Q: What does license revocation mean?

A: It means you can't drive in DC.  If you have a DC license, the DMV will revoke it and you will have to reapply to get your privilege to drive back.  You may be able to drive with an ignition interlock and SR-22 insurance.

Q: What if I have an out of state license.

A: The DMV may revoke your privilege to drive in DC, but they cannot take away your out of state license.  You may still be required to apply for the privilege to drive in DC?

Q: Are there any recent changes or controversies related to 18 DCMR 301?

A: This is a relatively new statute that was passed in December of 2022.  We'll keep an eye out on this one.

If you're facing a DUI or a license revocation under 18 DCMR 301, call today and we'll be happy to assist you.