#@I@#10 #@I@# 311.1(b) Unless an individual's license is revoked pursuant to Section 10a(d)(2) of The District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1124; D.C. Official Code § 50-2201.05 a(d)(2)), a person must remain in the ignition interlock program ("program") throughout the revocation period imposed, and for any additional time imposed by the Director pursuant to §311.15(b).(c) If a person's license is revoked pursuant to D.C. Official Code § 50-2201.05 a(d)(2), the individual may apply for reinstatement to the program under the terms set forth in this section.(d) If an individual has a restricted, suspended or revoked license issued by another jurisdiction for the same or similar offense as set forth in this section and applies for a District of Columbia license, that person may apply to enter the program under the terms set forth in this section.(e) The decision of the Director to deny an application by an individual with a restricted, suspended or revoked license issued by another jurisdiction for the same or similar offense as set forth in this section or a person's license which has been revoked pursuant to D.C. Official Code § 50-2201.05 a(d) (2) is not subject to a hearing or other administrative review.311.2For the purposes of this section, the terms certified ignition interlock device and certified provider mean such devices and providers as are certified by the Department pursuant to §312 of this Title.
3 11.3(a) A District of Columbia driver licensee, upon having been convicted pursuant to Sections 3b, 3c or 3e of the Comprehensive Impaired Driving and Alcohol Testing Program Amendment Act of 2012, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code §§ 50-2206.11, 50-2206.12 and 50-2206.14), or the Driver License Compact Adoption Act of 1984, effective March 16, 1985 (D.C. Law 5-184; D.C. Official Code § 50-1001(IV)(a)(2)), or having the license revoked or pending revocation for driving while the person is intoxicated as defined by D.C. Official Code § 50-2206.01(9), 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 under Section 13(a) of The District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1125; D.C. Official Code §1403.01(a)) must apply for participation in the program on a form provided by the Director. Failure to apply and enter the program shall result in revocation of the driver license until the person enters the program and suspension of the registration of any motor vehicle in the name of the person.(b) An individual shall have thirty (30) days from the time of written notice sent by the Department of the requirement to enter the program as well as obtain a restricted license, otherwise that person's license shall be revoked.311.5In addition to any other information required by the Director, the applicant shall identify the make, model, and registration number of all vehicles the applicant will be using during program participation, and with respect to each such vehicle provide:
(a) A copy of the title and registration issued by the Department and, if leased, a valid lease agreement;(b) The names, addresses, and social security numbers of all persons authorized to use the vehicles;(c) The name and address of the registered owners other than lessors and the applicant;(d) A release form approved the Director and signed by all persons identified in response to (c), consenting to and authorizing the suspension of their vehicle's registration should the applicant withdraw or be terminated from the program.(e) The name and address of the certified ignition interlock provider that installed the device and, if different, the name and address of the authorized service center where the vehicle will be brought pursuant to §311.8; and(f) Written verification from the certified ignition interlock provider that a certified ignition interlock device has been installed and that the applicant and all persons identified in (b) have received training in the use of the device.311.7Upon satisfaction of all other prerequisites and the payment of the applicable fees, the applicant will receive a restricted license. The license restrictions will prohibit him or her from driving any vehicle other than those identified in the application and only if the vehicles remain equipped with properly functioning ignition interlock devices. The Director may impose such other conditions as he or she deems appropriate to further the purposes of the ignition interlock program.
311.8Every thirty (30) days after installation of the device, the vehicle(s) identified in the application shall be brought to the service center identified in the application for servicing to include downloading of information from the device. If the service center is closed on the date on which service is required, the vehicle shall be brought for service on the next business day.
311.9The Director, in his or her discretion, may grant an extension to the servicing requirement established in §311.8 upon a written request and for good cause shown.
311.10The Director shall suspend the registration of any vehicle not serviced within five (5) days after a servicing date, until the participant proves compliance with §311.8. The Director may terminate the participant from the program if the vehicle is not serviced within ten (10) days after the servicing date.
311.11A participant shall only operate a vehicle identified in the application and only if the vehicle remains equipped with a properly functioning device, approved for use under this program.
311.12A participant shall abide by the terms and conditions of the service agreement with the ignition interlock service provider, including the payment of all costs and fees associated with the program.
311.13A participant shall be deemed to be in violation of the ignition interlock program requirements if the individual:
(a) Receives a suspension, revocation, or cancellation of his or her restricted driver license;(b) Operates a vehicle with an expired or invalid registration;(c) Removes the ignition interlock device without prior approval from the Director;(d) Operates a vehicle that was not listed in the application filed under §311.5 and approved by the Director;(d-1) Operates a vehicle with knowledge that the ignition interlock device is not functioning properly and accurately;(e) Tampers with, bypasses, damages, removes, or renders the ignition interlock device inoperable or allows another individual to tamper with, bypass, damage, remove, or render the ignition interlock device inoperable;(f) Attempts to start or operate a vehicle with a breath alcohol concentration greater than 0.020 percent, as measured by the ignition interlock device, unless there is a subsequent breath alcohol concentration reading below 0.020 percent within five (5) minutes thereafter;(g) Fails to submit to a breath alcohol concentration retest after starting the vehicle;(h) Fails to take each vehicle identified in the application to a servicing appointment as required by §311.8;(i) Fails to abide by the terms and conditions of the participant's agreement with the approved certified service provider;(j) Allows another individual to blow into the ignition interlock device before the participant operates the vehicle or while the participant is operating the vehicle;(k) Fails to maintain proof of financial responsibility, including, but not limited to, the form SR-22 customarily used by the insurance industry;(l) Fails to comply with 18 DCMR §306.11 in the time period set forth by the Director;(m) Participates in any other act or use of the ignition interlock device that poses a threat to public safety. (n) Fails to complete any requirements imposed by the Director to further the purpose of the ignition interlock program; or(o) Fails to provide re-certification documentation for indigent participants.311.14A participant shall not allow any other individual to blow into the device, unless that individual will be operating the vehicle.
311.15(a)(1) The Director may terminate a participant from the ignition interlock program for any violation listed in §311.13.(2) If a participant is terminated from the program pursuant to §311.13(a), that person shall serve the license suspension, cancellation, or revocation period and then must re-enter the program to serve the remaining time period.(b)(1) Instead of terminating a participant from the ignition interlock program for a violation listed in §311.13 (other than §311.13(c)), the Director may require the participant to serve an additional sixty (60) days in the program for the participant's first violation, ninety (90) days for the participant's second violation, and one hundred and twenty (120) days for each subsequent violation.(2) Instead of terminating a participant from the ignition interlock program for a violation of §311.13(c), the Director may require the participant to serve an additional (1) one-year extension in the ignition interlock program.(c) The additional periods set forth in subparagraph (b)(1) and (b)(2) shall extend the time the participant is required to remain in the ignition interlock program beyond the initial revocation period.(d) If the participant's license is cancelled due to his or her relocation outside of the District, the participant must remain in an ignition interlock program or the participant will be terminated from the District's program, his or her privilege to drive in the District will be revoked, and all vehicle registrations in his or her name in the District will be suspended.311.16A participant shall be presumed to be the person whose blood alcohol level was detected by a device installed in a vehicle identified on their application.
311.17A participant shall be presumed to have operated, or to have attempted to operate their designated vehicle whenever the installed device detects a level of alcohol in their blood.
311.20Prior to termination from the ignition interlock program or the imposition of any penalties pursuant to §311.15, the participant shall be given ten (10) days written notice and an opportunity to request a hearing by the Director or the Director's designee. The request for a hearing shall be in writing. Failure to timely request a hearing shall waive any rights to such hearing. The hearing shall be informal, and may be conducted in person, by telephone, by mail, or through the internet, and shall be limited to the issue of whether or not the offense was committed. Documentation from the ignition interlock device, an approved certified service provider, a court, an administrative agency, or a law enforcement official shall be prima facie evidence that the offense was committed.
311.21The Director shall revoke the driver license of a person who fails to participate in the ignition interlock program for the required period. The license revocation period shall be permanent until the person re-enters the program. Credit will be given for any time served in the ignition interlock program for the applicable offense. The person will serve the remaining time and any additional extension period imposed by the Director pursuant to §311.15(b).
311.22The Director shall suspend the registration of all vehicles identified in the application of a participant who fails to participate in the ignition interlock program for the required period. The period of suspension shall be concurrent with the period of time during which the participant's driver license is revoked.
311.23(b) If a participant failed to successfully complete an ignition interlock program in another jurisdiction, the person may request that the Director allow him or her to enroll in and enter the District of Columbia ignition interlock program.311.25An applicant entering the ignition interlock program pursuant to §311.23(b) shall be credited for time served, and shall be required to participate in the ignition interlock program for either the full period of time that would have been imposed if the offense had occurred in the District, or the period of time remaining to be served in the former jurisdiction, whichever is greater.
311.26If the applicant's driver license was revoked, and the applicant seeks admittance into the ignition interlock program more than six (6) months after revocation, he or she will be required to pass the written knowledge test and the road test.
311.27A violation of subsections (c), (d), (d-1), (e) or (k) of §311.13 may result in the issuance of a Notice of Infraction to be adjudicated under The District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code §§ 50-2301.01et seq.). The fine shall be one hundred dollars ($100). No points shall be assessed for any violation.
D.C. Mun. Regs. tit. 18, r. 18-311
Final Rulemaking published at 53 DCR 7218 (September 1, 2006); as amended by Final Rulemaking published at 61 DCR 9332 (September 12, 2014); amended by Final Rulemaking published at 69 DCR 15195 (12/16/2022)