34. Penalties for operating watercraft while impaired. (a) Except as provided in subsections (b) and (c) of this section, a person violating § 50-2206.33 shall upon conviction for the first offense be fined $250, or incarcerated for not more than 30 days, or both. (b) A person violating § 50-2206.33 when the person has a prior offense under § 50-2206.31 or § 50-2206.33 and is being sentenced on the current offense shall be fined not more than $2,500, or incarcerated for not more than 180 days, or both. (c) A person violating § 50-2206.33 when the person has 2 or more prior offenses under § 50-2206.31 or § 50-2206.33 and is being sentenced on the current offense shall be fined not less than $2,500 and not more than $5,000, or incarcerated for not more than one year, or both. (d) The fines set forth in this section shall not be limited by § 22-3571.01. (Sept. 14, 1982, D.C. Law 4-145, § 3m; as added Apr. 27, 2013, D.C. Law 19-266, § 103(e)(3), 59 DCR 12957; June 11, 2013, D.C. Law 19-317, § 113(f)(5), 59 DCR 12957.) Effect of Amendments The 2013 amendment by D.C. Law 19-266 added this section. The 2013 amendment by D.C. Law 19-317 added (d). DCR 12957; June 11, 2013, D.C. Law 19-317, § 113(f)(5), 59 DCR 12957.) Effect of Amendments The 2013 amendment by D.C. Law 19-266 added this section. The 2013 amendment by D.C. Law 19-317 added (d). Emergency Legislation For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410). For temporary (90 days) amendment of this section, see § 113(f)(5) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). For temporary (90 days) addition of this section, see § 103(e)(3) of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360). Editor's Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
District of Columbia Legal Code