D.C. Mun. Regs. tit. 18, r. 18-306

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 18-306 - PERIOD OF SUSPENSION OR REVOCATION
306.1

The suspension period of any resident's or non-resident's driver's license or privilege to operate a motor vehicle in the District shall be from two (2) to ninety (90) days, at the discretion of the Director, based upon the seriousness of the case; except that the period of a license suspension due to point accumulation pursuant to §303.3 shall be ninety (90) days.

306.2

The period of suspension for a person whose license or privilege has been suspended and fines and penalties imposed for failure to appear at a hearing for the administrative adjudication of a traffic infraction or for failure to pay a civil fine and any penalties or attend traffic school pursuant to the District of Columbia Traffic Adjudication Act of 1978, DC Official Code § 50-2301.01 et seq.), (the "Act") shall terminate only upon the payment of such fines and penalties, or the successful completion of traffic school, or both.

306.3

At the end of a period of suspension a license surrendered to the Director shall be returned to the licensee, subject to the payment of a reinstatement fee of ninety-eight dollars ($ 98).

306.4

The minimum revocation period following a first offense of any resident's or nonresident's driver license or privilege to operate a motor vehicle in the District for which revocation is made mandatory by law or under the discretionary authority of the Department shall be for six (6) months. For District of Columbia licensees, the minimum revocation period may also include any extension imposed pursuant to section 10 a of The District of Columbia Traffic Act, 1925 approved March 3, 1925 (43 Stat. 1124; D.C. Official Code § 50-2201.05 a), or §311.

306.5

The period of revocation made mandatory by law or under the discretionary authority of the Department of any resident's driver license or non-resident's privilege to operate a motor vehicle in the District of Columbia shall be one (1) year following a second offense, and two (2) years following a third or subsequent offense(s). For District of Columbia licensees, the minimum revocation period may also include any extension imposed pursuant to Section 10 a of The District of Columbia Traffic Act, 1925 approved March 3, 1925 (43 Stat. 1124; D.C. Official Code § 50-2201.05 a) or §311.

306.6

Repealed.

306.7

Repealed.

306.8

Each person whose license has been revoked shall be eligible to apply for restoration of privileges at the expiration of the period for which the privileges have been revoked.

306.9

The Director shall not issue a new license to a resident or restore the operating privilege of any nonresident whose license has been revoked unless and until he or she is satisfied, after investigation of the driving ability of that person, that it will be safe to grant the privilege of driving a motor vehicle.

306.10

An applicant for reinstatement or a new driver's license after a suspension or revocation pursuant to §§301 or 302 for an alcohol-related offense may be required to pass a breathalyzer test, at the discretion of the Director.

306.11

An applicant for a new driver's license after a revocation pursuant to §§301 or 302 for an alcohol or drug related violation must present written proof from a state certified drug and/or alcohol counseling program certifying:

(a) The applicant has successfully completed a state-certified drug and/or alcohol-counseling program after the date of revocation; or
(b) The applicant applied to participate in a state certified drug and/or alcohol-counseling program after the date of revocation, but that the application was denied because the program determined that such counseling was unnecessary.
306.12

Repealed.

306.13

Repealed.

306.14

If a driver's license is suspended or revoked pursuant to §302 of this title and is subsequently revoked again based upon a court conviction for the same underlying offense, the Director may allow the suspension and revocation periods to run concurrently or may credit time already spent in suspension or revocation status towards the duration of the revocation based on a court conviction.

D.C. Mun. Regs. tit. 18, r. 18-306

Regulation No. 72-13 effective June 30, 1972, 32 DCRR § 2.309, 2.310, Special Edition; as amended by Regulation No. 74-17 effective June 29, 1974; by § 105 of the D.C. Motor Vehicle Act, D.C. Law 1-133,23 DCR 6720, 6721 (February 25, 1977); and by §10 of the Anti-Drunk Driving Act of 1982, D.C. Law 4-145,29 DCR 3138, 3148 (July 23, 1982); as amended by Final Rulemaking published at 50 DCR 4399 (June 6, 2003); as amended by Final Rulemaking published at 50 DCR 5984 (July 25, 2003); as amended by Final Rulemaking published at 51 DCR 5029 (May 14, 2004); as amended by D.C. Act 15-704 published at 52 DCR 1700 (February 25, 2005);as amended by Final Rulemaking published at 52 DCR 2065 (March 4, 2005); as amended by Final Rulemaking published at 52 DCR 5754 (June 17, 2005); as amended by Final Rulemaking published at 53 DCR 845 (February 10, 2006); as amended by Final Rulemaking published at 53 DCR 7218 (September 1, 2006);as amended by D.C. Act 16-488 published at 53 DCR 8675 (October 27, 2006); as amended by Final Rulemaking published at 54 DCR 1572 (February 16, 2007); amended by Final Rulemaking published at 69 DCR 15195 (12/16/2022)