Federal DUI and DWI Charges in Washington DC
DUI and DWI are both prohibited under various federal laws that apply to federal territories within the United States, as well as under laws adopting local state laws for the same. This article concentrates on how federal drunk driving laws are enforced in Washington DC.
Federal DUI and DWI Penalties
DUI and DWI charges are classified as misdemeanor offenses under federal law.
Class B misdemeanor federal DUI and DWI offenses are penalized by a maximum sentence of up to 6 months in jail, up to 5 years of probation, and up to a $5,000 fine.
Class A misdemeanor federal DWI or DUI offenses are penalized by a maximum sentence of up to 12 months of jail, with a supervised release period of up to 1 year, if a jail sentence is ordered; the federal alternative to jail is probation, for a period up to 5 years on a DUI/DWI. The maximum fine for a class A misdemeanor is not more than $100,000, or $250,000 if the DUI or DWI results in death.
Due to the serious nature of federal drunk driving offenses, it is strongly recommended that you seek the representation of a highly experienced federal defense lawyer.
Federal DUI and DWI Charges Prosecuted in Washington DC
18 USC § 13, also known as the Assimilative Crimes Act, allows federal authorities to enforce DC drunk driving laws on federal lands or properties where there is no existing federal statute covering drunk driving crime. Essentially, if a DWI or DUI occurs in a federal jurisdiction (such as a military base) and there is no directly applicable federal law, the laws of the state where the property is located will be applied as if they were federal laws. This ensures that individuals cannot escape prosecution simply because a federal statute does not explicitly cover their offense.
However, US Park Police, who patrol federal roads, enforce DUI and DWI charges under their own federal laws, while prosecuting the offenses in the US District Court for the District of Columbia, federal court, not the D.C. Superior Court.
Major Roads in D.C. Under U.S. Park Police Jurisdiction – Class B Misdemeanor Federal DUI / DWI Charges
Federal roads in DC are patrolled by US Park Police and enforce 36 CFR § 4.23 for DUI and DWI offenses. These are punished as Class B misdemeanor offenses under 36 CFR § 1.3 and 18 USC § 1865, with a maximum period of 6 months of incarceration, a $5,000 fine, and up to 5 years of probation. Drink Driving offenses occurring on US Park Police roads in Virginia are prosecuted in the United States District Court for the District of Columbia.
Major Roads in D.C. Under U.S. Park Police Jurisdiction:
1. Rock Creek and Potomac Parkway – Runs along Rock Creek, connecting downtown D.C. to northern neighborhoods.
2. George Washington Memorial Parkway (D.C. portion) – A scenic route along the Potomac River, connecting to Virginia.
3. Suitland Parkway – Connects Anacostia to Prince George’s County, MD.
4. Baltimore-Washington Parkway (D.C. section) – A federally maintained highway linking D.C. to Maryland.
5. East and West Potomac Park Roads – Roads running near the National Mall and along the Tidal Basin.
6. Memorial Bridge and Lincoln Memorial Circle – Includes roads around the Lincoln Memorial.
7. Hains Point & Ohio Drive SW – Located in East Potomac Park.
DC Military Bases Prosecuting DUI and DWI Offenses as Class A or B Misdemeanor Offenses
In Washington, D.C., several military installations fall under the jurisdiction of the United States District Court for the District of Columbia for prosecuting DUI and DWI offenses. Drunk driving offenses on military bases in D.C. are prosecuted under 18 USC § 13 as both Class A and Class B misdemeanors because the bases adopt the penalties of D.C. law, D.C. Code § 50-2206.11, which allows up to 6 months in jail for first offense DUI charges or up to 1 year in jail for a second offense. These installations include:
• Joint Base Anacostia–Bolling (JBAB): A 905-acre military installation in Southwest Washington, D.C., established in 2010 by merging Naval Support Facility Anacostia and Bolling Air Force Base. JBAB supports various military and federal agencies.
• Washington Navy Yard: Serving as the administrative center for the U.S. Navy, it is located along the Anacostia River and houses numerous naval operations and support facilities.
• Marine Barracks Washington, D.C.: Also known as “8th & I,” it is the oldest active post in the Marine Corps, supporting ceremonial and security missions in the nation’s capital.
• Fort Lesley J. McNair: Located at the confluence of the Potomac and Anacostia Rivers, it serves as headquarters for the U.S. Army Military District of Washington and houses the National Defense University.
DC DUI Law Summarized
D.C. Code § 50-2206.11 prohibits operating or being in physical control of a vehicle in the District of Columbia under two conditions:
1. While intoxicated: Having an alcohol concentration of 0.08 grams or more per 100 milliliters of blood or per 210 liters of breath, or 0.10 grams or more per 100 milliliters of urine.
2. While under the influence: Being affected by alcohol, any drug, or a combination thereof, to a degree that impairs the person’s ability to operate or control the vehicle safely.
D.C. Code § 50-2206.13 outlines the penalties for operating a vehicle under the influence of alcohol or drugs in the District of Columbia. The penalties vary based on the number of prior offenses and the offender’s blood alcohol concentration (BAC) at the time of the offense.
First Offense:
• Standard Penalty: Up to 180 days of incarceration and/or a $1,000 fine.
• Enhanced Penalties:
• BAC of 0.20% to less than 0.25%: Minimum 10-day jail term.
• BAC of 0.25% to less than 0.30%: Minimum 15-day jail term.
• BAC of 0.30% or higher: Minimum 20-day jail term.
• Presence of Schedule I controlled substances (e.g., PCP, cocaine, methadone, morphine): Minimum 15-day jail term.
Second Offense:
• Standard Penalty: $2,500 to $5,000 fine and/or up to 1 year of incarceration, with a mandatory minimum of 10 days.
• Enhanced Penalties:
• BAC of 0.20% to less than 0.25%: Additional 15-day mandatory jail term.
• BAC of 0.25% to less than 0.30%: Additional 20-day mandatory jail term.
• BAC of 0.30% or higher: Additional 25-day mandatory jail term.
• Presence of Schedule I controlled substances: Additional 20-day mandatory jail term.
Third and Subsequent Offenses:
• Standard Penalty: $2,500 to $10,000 fine and/or up to 1 year of incarceration, with a mandatory minimum of 15 days.
• Enhanced Penalties:
• BAC of 0.20% to less than 0.25%: Additional 20-day mandatory jail term.
• BAC of 0.25% to less than 0.30%: Additional 25-day mandatory jail term.
• BAC of 0.30% or higher: Additional 30-day mandatory jail term.
• Presence of Schedule I controlled substances: Additional 25-day mandatory jail term.
For offenders with two or more prior offenses within the past five years, the court is required to revoke the individual’s driver’s license or operating privileges. Reinstatement may be considered after five years upon application and demonstration of good cause.
DUI and OWI in Washington DC – Laws and Penalties Explained by Defense Attorney
