Code of Federal Regulations
Title 36 - Parks, Forests, and Public Property
CHAPTER I - NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 4 - VEHICLES AND TRAFFIC SAFETY
§ 4.23. Operating under the influence of alcohol or drugs
(a) Operating or being in actual physical control of a motor vehicle is prohibited while:
(1) Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or
(2) The alcohol concentration in the operator's blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator's blood or breath, those limits supersede the limits specified in this paragraph.
Code of Federal Regulations
Title 32 - National Defense
Subtitle A - Department of Defense
CHAPTER V - DEPARTMENT OF THE ARMY
SUBCHAPTER I - LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS
PART 634 - MOTOR VEHICLE TRAFFIC SUPERVISION
Subpart D - Traffic Supervision
§ 634.34. Blood alcohol concentration standards
(a) Administrative revocation of driving privileges and other enforcement measures will be applied uniformly to offenders driving under the influence of alcohol or drugs. When a person is tested under the implied consent provisions of § 634.8, the results of the test will be evaluated as follows:
(1) If the percentage of alcohol in the person's blood is less than 0.05 percent, presume the person is not under the influence of alcohol.
(2) If the percentage is 0.05 but less than 0.08, presume the person may be impaired. This standard may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
(3) If the percentage is 0.08 or more, or if tests reflect the presence of illegal drugs, the person was driving while intoxicated.
(b) Percentages in paragraph (a) of this section are percent of weight by volume of alcohol in the blood based on grams of alcohol per 100 milliliters of blood. These presumptions will be considered with other evidence in determining intoxication.
United States Code
Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER X - PUNITIVE ARTICLES
§ 911. Art. 111. Drunken or reckless operation of a vehicle, aircraft, or vessel
(a) Any person subject to this chapter who—
(1) operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in section 912a(b) of this title (article 112a(b)), or
(2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person's blood or breath is equal to or exceeds the applicable limit under subsection (b), shall be punished as a court-martial may direct.
(b)(1) For purposes of subsection (a), the applicable limit on the alcohol concentration in a person's blood or breath is as follows:
(A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, such limit is the lesser of—
(i) the blood alcohol content limit under the law of the State in which the conduct occurred, except as may be provided under paragraph (2) for conduct on a military installation that is in more than one State; or
(ii) the blood alcohol content limit specified in paragraph (3).
(B) In the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the applicable blood alcohol content limit is the blood alcohol content limit specified in paragraph (3) or such lower limit as the Secretary of Defense may by regulation prescribe.
(2) In the case of a military installation that is in more than one State, if those States have different blood alcohol content limits under their respective State laws, the Secretary may select one such blood alcohol content limit to apply uniformly on that installation.
(3) For purposes of paragraph (1), the blood alcohol content limit with respect to alcohol concentration in a person's blood is 0.10 grams of alcohol per 100 milliliters of blood and with respect to alcohol concentration in a person's breath is 0.10 grams of alcohol per 210 liters of breath, as shown by chemical analysis.
(4) In this subsection:
(A) The term “blood alcohol content limit” means the amount of alcohol concentration in a person's blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited.
(B) The term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and the term “State” includes each of those jurisdictions.
23 U.S.C. § 163
United States Code
Title 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
§ 163. Safety incentives to prevent operation of motor vehicles by intoxicated persons
(a) General Authority.—The Secretary shall make a grant, in accordance with this section, to any State that has enacted and is enforcing a law that provides that any person with a blood alcohol concentration of 0.08 percent or greater while operating a motor vehicle in the State shall be deemed to have committed a per se offense of driving while intoxicated (or an equivalent per se offense).
(b) Grants.—For each fiscal year, funds authorized to carry out this section shall be apportioned to each State that has enacted and is enforcing a law meeting the requirements of subsection (a) in an amount determined by multiplying—
(1) the amount authorized to carry out this section for the fiscal year; by
(2) the ratio that the amount of funds apportioned to each such State under section 402 for such fiscal year bears to the total amount of funds apportioned to all such States under section 402 for such fiscal year.
(c) Use of Grants.—A State may obligate funds apportioned under subsection (b) for any project eligible for assistance under this title.
(d) Federal Share.—The Federal share of the cost of a project funded under this section shall be 100 percent.
(1) In general.—On October 1, 2003, and October 1 of each fiscal year thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold from amounts apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) an amount equal to the amount specified in paragraph (2).
(2) Amount to be withheld.—If a State is subject to a penalty under paragraph (1), the Secretary shall withhold for a fiscal year from the apportionments of the State described in paragraph (1) an amount equal to a percentage of the funds apportioned to the State under paragraphs (1), (3), and (4) of section 104(b) for fiscal year 2003. The percentage shall be as follows:
(A) For fiscal year 2004, 2 percent.
(B) For fiscal year 2005, 4 percent.
(C) For fiscal year 2006, 6 percent.
(D) For fiscal year 2007, and each fiscal year thereafter, 8 percent.
(3) Failure to comply.—If, within 4 years from the date that an apportionment for a State is withheld in accordance with this subsection, the Secretary determines that the State has enacted and is enforcing a law described in subsection (a), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, any State has not enacted or is not enforcing a law described in subsection (a) any amounts so withheld from such State shall lapse.
United States Code
Title 23 - HIGHWAYS
CHAPTER 4 - HIGHWAY SAFETY
§ 405. National priority safety programs
(a) General authority.--Subject to the requirements of this section, the Secretary of Transportation shall manage programs to address national priorities for reducing highway deaths and injuries. Funds shall be allocated according to the priorities set forth in paragraphs (1) and (2).
(1) Grants to States.--
* * *
(C) Impaired driving countermeasures.--52.5 percent of the funds provided under this section in each fiscal year shall be allocated among States that meet the requirements of the impaired driving countermeasures (as described in subsection (d)).
* * *
(d) Impaired driving countermeasures.--
(1) In general.--Subject to the requirements under this subsection, the Secretary of Transportation shall award grants to States that adopt and implement--
(A) effective programs to reduce driving under the influence of alcohol, drugs, or the combination of alcohol and drugs; or
(B) alcohol-ignition interlock laws.
* * *
(A) Low-range States.--Low-range States shall be eligible for a grant under this subsection.
(B) Mid-range States.--A mid-range State shall be eligible for a grant under this subsection if--
(i) a statewide impaired driving task force in the State developed a statewide plan during the most recent 3 calendar years to address the problem of impaired driving; or
(ii) the State will convene a statewide impaired driving task force to develop such a plan during the first year of the grant.
(C) High-range States.--A high-range State shall be eligible for a grant under this subsection if the State--
(i)(I) conducted an assessment of the State's impaired driving program during the most recent 3 calendar years; or
(II) will conduct such an assessment during the first year of the grant;
(ii) convenes, during the first year of the grant, a statewide impaired driving task force to develop a statewide plan that--
(I) addresses any recommendations from the assessment conducted under clause (i);
(II) includes a detailed plan for spending any grant funds provided under this subsection; and
(III) describes how such spending supports the statewide program; and
(iii)(I) submits the statewide plan to the National Highway Traffic Safety Administration during the first year of the grant for the agency's review and approval;
(II) annually updates the statewide plan in each subsequent year of the grant; and
(III) submits each updated statewide plan for the agency's review and comment.
(4) Use of grant amounts.--
(A) Required programs.--High-range States shall use grant funds for--
(i) high visibility enforcement efforts; and
(ii) any of the activities described in subparagraph (B) if--
(I) the activity is described in the statewide plan; and
(II) the Secretary approves the use of funding for such activity.
(B) Authorized programs.--Medium-range and low-range States may use grant funds for--
(i) any of the purposes described in subparagraph (A);
(ii) hiring a full-time or part-time impaired driving coordinator of the State's activities to address the enforcement and adjudication of laws regarding driving while impaired by alcohol;
(iii) court support of high visibility enforcement efforts, training and education of criminal justice professionals (including law enforcement, prosecutors, judges, and probation officers) to assist such professionals in handling impaired driving cases, hiring traffic safety resource prosecutors, hiring judicial outreach liaisons, and establishing driving while intoxicated courts;
(iv) alcohol ignition interlock programs;
(v) improving blood-alcohol concentration testing and reporting;
(vi) paid and earned media in support of high visibility enforcement efforts, and conducting standardized field sobriety training, advanced roadside impaired driving evaluation training, and drug recognition expert training for law enforcement, and equipment and related expenditures used in connection with impaired driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration;
(vii) training on the use of alcohol screening and brief intervention;
(viii) developing impaired driving information systems; and
(ix) costs associated with a 24-7 sobriety program.
(C) Other programs.--Low-range States may use grant funds for any expenditure designed to reduce impaired driving based on problem identification. Medium and high-range States may use funds for such expenditures upon approval by the Secretary.
(5) Grant amount.--Subject to paragraph (6), the allocation of grant funds to a State under this section for a fiscal year shall be in proportion to the State's apportionment under section 402(c) for fiscal year 2009.
(6) Grants to States that adopt and enforce mandatory alcohol-ignition interlock laws.--
(A) In general.--The Secretary shall make a separate grant under this subsection to each State that adopts and is enforcing a mandatory alcohol-ignition interlock law for all individuals convicted of driving under the influence of alcohol or of driving while intoxicated.
(B) Use of funds.--Grants authorized under subparagraph (A) may be used by recipient States for any eligible activities under this subsection or section 402.
(C) Allocation.--Amounts made available under this paragraph shall be allocated among States described in subparagraph (A) on the basis of the apportionment formula set forth in section 402(c).
(D) Funding.--Not more than 15 percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the Secretary for making grants under this paragraph.
(7) Definitions.--In this subsection:
(A) 24-7 sobriety program.--The term “24-7 sobriety program” means a State law or program that authorizes a State court or a State agency, as a condition of sentence, probation, parole, or work permit, to--
(i) require an individual who plead guilty or was convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and
(ii) require the individual to be subject to testing for alcohol or drugs--
(I) at least twice per day;
(II) by continuous transdermal alcohol monitoring via an electronic monitoring device; or
(III) by an alternate method with the concurrence of the Secretary.
(B) Average impaired driving fatality rate.--The term “average impaired driving fatality rate” means the number of fatalities in motor vehicle crashes involving a driver with a blood alcohol concentration of at least 0.08 percent for every 100,000,000 vehicle miles traveled, based on the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System, as calculated in accordance with regulations prescribed by the Administrator of the National Highway Traffic Safety Administration.
(C) High-range state.--The term “high-range State” means a State that has an average impaired driving fatality rate of 0.60 or higher.
(D) Low-range state.--The term “low-range State” means a State that has an average impaired driving fatality rate of 0.30 or lower.
(E) Mid-range state.--The term “mid-range State” means a State that has an average impaired driving fatality rate that is higher than 0.30 and lower than 0.60.
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U.S. Department of Transportation, National Highway Traffic Safety Administration, "Presidential Initiative for Making 0.08 BAC the National Legal Limit: Recommendations from the Secretary of Transportation," House Conference Report No. 105-550, August 1998, and Statement by President, see 1998 U.S. Code Cong. and Adm. News, p. 64.