Councilmember Carol Schwartz
A BILL IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmember Schwartz introduced the following bill, which was referred to the
Committee on Public Works and the Environment
To amend the District of Columbia Traffic Act of 1925, the Motor Vehicle Safety
Responsibility Act of the District of Columbia, the District of Columbia Implied Consent
Act, and title 18 of the District of Columbia Municipal Regulations to establish .08
percent as the blood alcohol level at which a person is conclusively presumed to be
operating a motor vehicle under the influence of alcohol.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Anti-Drunk Driving Amendment Act of 1998."
Sec. 2. The District of Columbia Traffic Act of 1925, approved March
2, 1925 (43 Stat. 1121; D.C. Code §40-301 et. seq.), is amended as follows:
(a) Section 10 (D.C. Code §40-716) is amended as follows:
(1) Subsection (b) is amended as follows:
(A) Paragraph (1) is amended as follows:
(i) by striking the phrase ".10 percent," ".48 micrograms", and
".13 percent" and inserting the phrase ".08 percent", ".38
micrograms", and ".10 percent" respectively in their places.
(2) Subsection (d)(l) is amended to read as follows:
"(1) Operating or being in control of a vehicle while the individual’s blood
contains .08 percent or more, by weight, of alcohol, or while .38 micrograms or more of
alcohol are contained in 1 milliliter of the individual’s breath, consisting of
substantially alveolar air, or while the individual’s urine contains .10 percent or more,
by weight, of alcohol, or while the influence of intoxicating liquor or any drug or any
combination thereof.".
(b) Section 13(a) (D.C. Code §40-302(a)) is amended by striking the phrase "blood
or breath contains .10 percent or more by weight, of alcohol, or the individual’s urine
contains .13 percent or more," and inserting the phrase "blood contains .08
percent or more, by weight, of alcohol, or while .38 micrograms or more of alcohol are
contained in 1 milliliter of the individual’s breath, consisting of substantially alveolar
air, or while the individual’s urine contains .10 percent or more," in its place.
Sec. 3. Section 37(a) of the Motor Vehicle Safety Responsibility Act
of the District of Columbia, approved May 25, 1954 (68 Stat. 130; D.C. Code §40-437(a)),
is amended by striking the phrase "blood or breath contains ten one-hundredths of 1
percent or more, by weight, of alcohol, or defendant’s urine contains .13 percent or
more," and inserting the phrase "blood contains .08 percent or more, by weight,
of alcohol, or while .38 micrograms or more of alcohol are contained in 1 milliliter of
defendant’s breath, consisting of substantially alveolar air, or while defendant’s urine
contains .10 percent or more," in its place.
Sec. 4. The District of Columbia Implied Consent Act, approved October
21, 1972 (86 Stat. 1016; D.C. Code §40-501 et seq.), is amended as follows:
(a) Section 2 (D.C. Code §40-502) is amended by striking the phrases ".10
percent", ".48 micrograms", and ".13 percent", wherever they
appear, and inserting the phrases ".08 percent", ".38 micrograms", and
".10 percent" respectively in their places.
(b) Section 5 (D.C. Code §40-505) is amended by striking the phrases ".10
percent", ".48 micrograms", and ".13 percent" and inserting the
phrases ".08 percent," ".38 micrograms", and ".10 percent"
respectively in their places.
(c) Section 6 (D.C. Code §40-506) is amended by striking the phrase "blood or
breath contains .10 percent or more, by weight, of alcohol, or the person’s urine contains
.13 percent or more," and inserting the phrase "blood contains .08 percent or
more by weight, of alcohol, or while .38 micrograms or more of alcohol are contained in I
milliliter of the person’s breath, consisting of substantially alveolar air, or while the
person’s urine contains .10 percent or more," in its place.
Sec. 5. Chapter 3 Title 18 of the District of Columbia Municipal
Regulations is amended as follows:
(a) Subsection 301.1(a) is amended to read as follows:
"(a) Operating or being in control of a vehicle while the person’s blood contains
.08 percent or more, by weight, of alcohol, or while .38 micrograms or more of alcohol are
contained in 1 milliliter of the person’s breath, consisting of substantially alveolar
air, or while the person’s urine contains .10 percent or more, by weight, of alcohol, or
while under the influence of intoxicating liquor or any drug or any combination
thereof.".
(b) Subsection 303.1 (m) is amended to read as follows:
"(m) Operating or being in control of a vehicle while the person’s blood contains
.08 percent or more of alcohol are contained in 1 milliliter of the person’s breath,
consisting of substantially alveolar air, or while the person’s breath, consisting of
substantially alveolar air, or while the person’s urine contains .10 percent or more, by
weight, of alcohol, 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 , 12 points.".(c) Subsection 306.8 is amended by striking the phrase "blood or breath contains
ten one- hundredths of 1 percent (0.10%) or more, by weight, of alcohol, or the person’s
urine contains .13 percent or more," and inserting the phrase "blood contains
.08 percent or more, by weight, of alcohol, or while .38 micrograms or more of alcohol are
contained in 1 milliliter of the person’s breath, consisting of substantially alveolar
air, or while the person’s urine contains .10 percent or more, by weight, of
alcohol," in its place.
Sec. 6. The Council adopts the fiscal impact statement in the
committee report as the fiscal impact statement required by section 602(c)(3) of the
District of Columbia Home Rule Act, approved December 24,1973 (87 Stat. 813; D.C. Code
§1-233(c)(3)).
Sec. 7. This act shall take effect following approval by the Mayor (or
in the event of veto by the Mayor, action by the Council of the District of Columbia to
override the veto), approval by the Financial Responsibility and Management Assistance
Authority as provided in section 203(a) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat.
116; D.C. Code §47-392.3(a)), and a 30-day period of Congressional review as provided in
section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973
(87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District Register.