§ 50-1905 — Test refusal; penalty; evidence of refusal.

District of Columbia § 50-1905

• Jurisdiction: District of Columbia
• Title 50: Motor and Non-Motor Vehicles and Traffic.
• Ch. 19: Motor Vehicle Operators; Implied Consent to Chemical Testing.
• Subch. II: Refusal to Submit Specimens for Chemical Testing.

Text

(1) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02 , he or she shall be informed that failure or refusal to submit to chemical testing will result in the revocation of his or her privilege to drive in the District as provided in this section . If the person holds a driver's license issued by the District, the person shall be informed that failure or refusal to submit to chemical testing will require him or her to enroll in the Ignition Interlock System Program established by § 50-2201.05a .

(2) If a person, after having been informed as provided in paragraph (1) of this subsection, still refuses to submit to chemical testing, no test shall be given, but the Mayor, upon receipt of a sworn report of the law enforcement officer that he or she had reasonable grounds to believe the arrested person had been driving or was in physical control of a motor vehicle upon the highways while the person was intoxicated or while the person’s ability to operate a motor vehicle was impaired by the consumption of alcohol or a drug or a combination thereof, and that the person had refused to submit 2 specimens for chemical testing, shall:

(A) Revoke his or her privilege to drive in the District of Columbia for a period of 12 months;

(B) Deny the person the issuance of a license, if the person is without a license to operate a motor vehicle in the District, for a period of 12 months after the date of the alleged violation; or

(C) For a person who holds a driver's license issued by the District, require the person to enroll in the Ignition Interlock System Program established by § 50-2201.05a .

(b) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02(a) , and the person has had a conviction for a prior offense under § 50-2206.11 , § 50-2206.12 , or § 50-2206.14 , there shall be a rebuttable presumption that the person is under the influence of alcohol or a drug or any combination thereof.

(c) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02(a) , evidence of such refusal shall be admissible in any civil or criminal proceeding arising as a result of the acts alleged to have been committed by the person before the arrest.

(1) If a person under arrest refuses to submit specimens for chemical testing as provided in § 50-1904.02(a) and the person was involved in a collision that resulted in a fatality, except as provided in paragraph (2) of this subsection, a law enforcement officer may employ whatever means are reasonable to collect blood specimens from the person if the law enforcement officer has reasonable grounds to believe that the person was intoxicated or under the influence of alcohol or of any drug or any combination thereof.

(2) If a person required to submit blood testing under paragraph (1) of this subsection objects on valid religious or medical grounds, that person shall not be required to submit blood specimens but the law enforcement officer may employ whatever means are reasonable to collect breath or urine specimens from the person if the law enforcement officer has reasonable grounds to believe that the person was intoxicated or under the influence of alcohol or of any drug or any combination thereof.

Legislative History

Oct. 21, 1972, 86 Stat. 1018, Pub. L. 92-519, § 5; Sept. 14, 1982, D.C. Law 4-145, § 4(d), (f), 29 DCR 3138; Mar. 9, 1983, D.C. Law 4-174, § 8, 29 DCR 5753; May 5, 1992, D.C. Law 9-96, § 3(c), 38 DCR 7274; May 24, 1994, D.C. Law 10-122, § 6(b), 41 DCR 1658; Apr. 13, 1999, D.C. Law 12-212,§ 4(b), 46 DCR 5; Mar. 2, 2007, D.C. Law 16-195, § 10(b), 53 DCR 8675; Mar. 14, 2007, D.C. Law 16-279, § 104(a), 54 DCR 903; Apr. 27, 2013, D.C. Law 19-266, § 101(d)(2), 59 DCR 12957