§ 408. — Alcohol traffic safety programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC408]
TITLE 23--HIGHWAYS
CHAPTER 4--HIGHWAY SAFETY
Sec. 408. Alcohol traffic safety programs
(a) Subject to the provisions of this section, the Secretary shall
make grants to those States which adopt and implement effective programs
to reduce traffic safety problems resulting from persons driving while
under the influence of alcohol or a controlled substance. Such grants
may only be used by recipient States to implement and enforce such
programs.
(b) No grant may be made to a State under this section in any fiscal
year unless such State enters into such agreements with the Secretary as
the Secretary may require to ensure that such State will maintain its
aggregate expenditures from all other sources for alcohol traffic safety
programs at or above the average level of such expenditures in its two
fiscal years preceding the date of enactment of this section.
(c) No State may receive grants under this section in more than 5
fiscal years. The Federal share payable for any grant under this section
shall not exceed--
(1) in the first fiscal year the State receives a grant under
this section, 75 per centum of the cost of implementing and
enforcing in such fiscal year the alcohol and controlled substance
traffic safety program adopted by the State pursuant to subsection
(a);
(2) in the second fiscal year the State receives a grant under
this section, 50 per centum of the cost of implementing and
enforcing in such fiscal year such program; and
(3) in the third, fourth, and fifth fiscal years the State
receives a grant under this section, 25 per centum of the cost of
implementing and enforcing in such fiscal year such program.
(d)(1) Subject to subsection (c), the amount of a basic grant made
under this section for any fiscal year to any State which is eligible
for such a grant under subsection (e)(1) shall equal 30 per centum of
the amount apportioned to such State for fiscal year 1983 under section
402 of this title.
(2) Subject to subsection (c), the amount of a supplemental grant
made under this section for any fiscal year to any State which is
eligible for such a grant under subsection (e)(2) shall not exceed 20
per centum of the amount apportioned to such State for fiscal year 1983
under section 402 of this title. Such supplemental grant shall be in
addition to any basic grant received by such State.
(3) Subject to subsection (c), the amount of a special grant made
under this section for any fiscal year to any State which is eligible
for such a grant under subsection (e)(3) shall not exceed 5 per centum
of the amount apportioned to such State for fiscal year 1984 under
sections 402 and 408 of this title. Such grant shall be in addition to
any basic or supplemental grant received by such State.
(e)(1) For purposes of this section, a State is eligible for a basic
grant if such State provides--
(A) for the prompt suspension, for a period not less than ninety
days in the case of a first offender and not less than one year in
the case of any repeat offender, of the driver's license of any
individual who a law enforcement officer has probable cause under
State law to believe has committed an alcohol-related traffic
offense, and (i) to whom is administered one or more chemical tests
to determine whether the individual was intoxicated while operating
the motor vehicle and who is determined, as a result of such tests,
to be intoxicated, or (ii) who refuses to submit to such a test as
proposed by the officer;
(B) for a mandatory sentence, which shall not be subject to
suspension or probation, of (i) imprisonment for not less than
forty-eight consecutive hours, or (ii) not less than ten days of
community service, of any person convicted of driving while
intoxicated more than once in any five-year period;
(C) that any person with a blood alcohol concentration of 0.10
percent or greater when driving a motor vehicle shall be deemed to
be driving while intoxicated; and
(D) for increased efforts or resources dedicated to the
enforcement of alcohol-related traffic laws and increased efforts to
inform the public of such enforcement.
(2) For purposes of this section, a State is eligible for a
supplemental grant if such State is eligible for a basic grant and in
addition provides for some or all of the criteria established by the
Secretary under subsection (f).
(3) For the purposes of this section, a State is eligible for a
special grant if the State enacts a statute which provides that--
(A) any person convicted of a first violation of driving under
the influence of alcohol shall receive--
(i) a mandatory license suspension for a period of not less
than ninety days; and either
(ii)(I) an assignment of one hundred hours of community
service; or
(II) a minimum sentence of imprisonment for forty-eight
consecutive hours;
(B) any person convicted of a second violation of driving under
the influence of alcohol within five years after a conviction for
the same offense, shall receive a mandatory minimum sentence of
imprisonment for ten days and license revocation for not less than
one year;
(C) any person convicted of a third or subsequent violation of
driving under the influence of alcohol within five years after a
prior conviction for the same offense shall--
(i) receive a mandatory minimum sentence of imprisonment for
one hundred and twenty days; and
(ii) have his license revoked for not less than three years;
and
(D) any person convicted of driving with a suspended or revoked
license or in violation of a restriction due to driving under the
influence of alcohol conviction shall receive a mandatory sentence
of imprisonment for at least thirty days, and shall upon release
from imprisonment, receive an additional period of license
suspension or revocation of not less than the period of suspension
or revocation remaining in effect at the time of commission of the
offense of driving with a suspended or revoked license.
(f) The Secretary shall, by rule, establish criteria for effective
programs to reduce traffic safety problems resulting from persons
driving while under the influence of alcohol, which criteria shall be in
addition to those required for a basic grant under subsection (e)(1).
The Secretary shall establish such criteria in cooperation with the
States and political subdivisions thereof, appropriate Federal
departments and agencies, and such other public and nonprofit
organizations as the Secretary may deem appropriate. Such criteria may
include, but need not be limited to, requirements--
(1) for the establishment and maintenance of a statewide driver
recordkeeping system from which repeat offenders may be identified
and which is accessible in a prompt and timely manner to the courts
and to the public;
(2) for the creation and operation of rehabilitation and
treatment programs for those arrested and convicted of driving while
intoxicated;
(3) for the impoundment of any vehicle operated on a State road
by any individual whose driver's license is suspended or revoked for
an alcohol-related driving offense;
(4) for the establishment in each major political subdivision of
a State of locally coordinated alcohol traffic safety programs which
are administered by local officials and are financially self-
sufficient;
(5) for the grant of presentence screening authority to the
courts;
(6) for the setting of the minimum drinking age in such State at
twenty-one years of age;
(7) for the consideration of and, where consistent with other
provisions of State law and constitution the adoption of,
recommendations that the Presidential Commission on Drunk Driving
may issue during the period in which rules are being made to carry
out this section; and
(8) for the creation and operation of rehabilitation and
treatment programs for those arrested and convicted of driving while
under the influence of a controlled substance or for the
establishment of research programs to develop effective means of
detecting use of controlled substances by drivers.
(g) There is hereby authorized to be appropriated to carry out this
section, out of the Highway Trust Fund, $25,000,000 for the fiscal year
ending September 30, 1983, and $50,000,000 per fiscal year for each of
the fiscal years ending September 30, 1984, and September 30, 1985. All
provisions of chapter 1 of this title that are applicable to Federal-aid
primary highway funds, other than provisions relating to the
apportionment formula and provisions limiting the expenditures of such
funds to Federal-aid systems, shall apply to the funds authorized to be
appropriated to carry out this section, except as determined by the
Secretary to be inconsistent with this section and except that sums
authorized by this subsection shall remain available until expended.
Sums authorized by this subsection shall not be subject to any
obligation limitation for State and community highway safety programs.
(Added Pub. L. 97-364, title I, Sec. 101(a), Oct. 25, 1982, 96 Stat.
1738; amended Pub. L. 98-363, Secs. 4, 7, July 17, 1984, 98 Stat. 436,
438; Pub. L. 100-17, title II, Sec. 203(a), (b), Apr. 2, 1987, 101 Stat.
219.)
Amendments
1987--Subsec. (c). Pub. L. 100-17, Sec. 203(a), substituted ``5''
for ``three'' in introductory provisions and ``third, fourth, and fifth
fiscal years'' for ``third fiscal year'' in par. (3).
Subsec. (g). Pub. L. 100-17, Sec. 203(b), inserted ``and except that
sums authorized by this subsection shall remain available until
expended'' before period at end of second sentence.
1984--Subsec. (a). Pub. L. 98-363, Secs. 4(a), 7(a), struck out
``basic and supplemental'' after ``Secretary shall make'' and inserted
``or a controlled substance'' after ``alcohol''.
Subsec. (c)(1). Pub. L. 98-363, Sec. 4(b), inserted ``and controlled
substance'' after ``alcohol''.
Subsec. (d)(3). Pub. L. 98-363, Sec. 7(b), added par. (3).
Subsec. (e)(3). Pub. L. 98-363, Sec. 7(c), added par. (3).
Subsec. (f)(8). Pub. L. 98-363, Sec. 4(c), added par. (8).
Effectiveness of Drunk Driving Laws
Pub. L. 104-59, title III, Sec. 358(d), Nov. 28, 1995, 109 Stat.
626, provided that: ``The Secretary shall conduct a study to evaluate
the effectiveness on reducing drunk driving and appropriateness of laws
enacted in the States which allow a health care provider who treats an
individual involved in a vehicular accident to report the blood alcohol
level, if known, of such individual to the local law enforcement agency
which has jurisdiction over the accident site if the blood alcohol
concentration level exceeds the maximum level permitted under State
law.''
Minimum Drinking Age
Pub. L. 97-424, title II, Sec. 209, Jan. 6, 1983, 96 Stat. 2140,
provided that: ``The Congress strongly encourages each State to prohibit
the sale of alcoholic beverages to persons who are less than 21 years of
age.''
Regulations; Congressional Veto of Supplemental Grants
Section 101(c) of Pub. L. 97-364 provided that: ``The Secretary of
Transportation shall issue and publish in the Federal Register proposed
regulations to implement section 408 of title 23, United States Code,
not later than November 1, 1982. The Secretary shall allow public
comment and hold public hearings on the proposed regulations to
encourage maximum citizen participation. The final regulations shall be
issued, published in the Federal Register, and transmitted to Congress
before February 1, 1983. To the extent such regulations relate to the
making of basic grants under such section 408, such regulations shall
become effective on the date on which they are published in the Federal
Register. To the extent such regulations relate to the making of
supplemental grants under such section 408, such regulations shall
become effective April 1, 1983, unless before such date either House of
Congress by resolution disapproves such regulations to such extent. If
such regulations are so disapproved by either House of Congress, the
Secretary shall not obligate for such supplemental grants any amount
authorized to carry out such section 408 for the fiscal year ending
September 30, 1983, or any subsequent fiscal year, unless specifically
authorized to do so by a statute enacted after the date of enactment of
this Act [Oct. 25, 1982].''
