D.C. Mun. Regs. r. 18-1320

Current through Register Vol. 71, No. 25, June 21, 2024
Rule 18-1320 - IMPLIED CONSENT REQUIREMENTS FOR COMMERCIAL MOTOR VEHICLE DRIVERS
1320.1

A 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.

1320.2

A 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.

1320.3

If 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.

1320.4

Persons 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 ).

D.C. Mun. Regs. r. 18-1320

Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by D.C. Act published at 53 DCR 8675 (October 27, 2006)