Anti-Drunk Driving Amendment Act of 1998
Bill 12-581

DC Watch Home

Council Period 12

Council Period 13

Council Period 14

Council Period 15

Election 1998

Election 2000

Election 2002

themail

Search DCWatch

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.