Section 18-1320. IMPLIED CONSENT REQUIREMENTS FOR COMMERCIAL MOTOR VEHICLE DRIVERS

 

1320.1A person who drives a commercial motor vehicle within the District of Columbia shall be deemed to have given consent to have a test(s) of their blood, breath or urine for the purpose of determining the alcohol concentration, or the presence of other drugs in their body.

 

1320.2A test or tests shall be administered at the direction of an authorized law enforcement officer, who after stopping or detaining the commercial motor vehicle driver, has reasonable cause to believe that the driver was driving a commercial motor vehicle while having alcohol or a controlled substance in his or her system.

 

1320.3If the person refuses testing in § 1320.1, or submits to a test that discloses an alcohol concentration of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the authorized law enforcement officer who has stopped or detained the driver shall submit a sworn report to the Department of Motor Vehicles certifying that the test was requested pursuant to § 1320.1 and that the person refused to submit to testing, or submitted to a test that disclosed an alcohol concentration of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

 

1320.4Persons who refuse to submit to a test of their blood alcohol content as provided in § 1320.1 shall be subject to the penalties provided in § 5 of the District of Columbia Implied Consent Act of 1982, effective September 14, 1982 (D.C. Law 4-145; D.C. Official Code § 50-1905).

 

 

authority

Sections 1825 and 1826 of the Department of Motor Vehicles Establishment Act of 1998, effective March 26, 1999 (D.C. Law 12-175; D.C. Official Code §§ 50-904 and 50-905); Sections 6 and 7 of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03 and 50-1401.01); Section 3 of the Uniform Classification and Commercial Driver’s License Act of 1990, effective September 20, 1990 (D.C. Law 8-161; D.C. Official Code § 50-402); and Mayor’s Order 91-161, dated October 15, 1991.

source

Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); 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)).