§ 410. — Alcoholimpaired driving countermeasures.
[Laws in effect as of January 7, 2003]
[Document affected by Public Law Section )]
[CITE: 23USC410]
TITLE 23--HIGHWAYS
CHAPTER 4--HIGHWAY SAFETY
Sec. 410. Alcohol-impaired driving countermeasures
(a) General Authority.--
(1) Authority to make grants.--Subject to the requirements of
this section, the Secretary shall make grants to States that adopt
and implement effective programs to reduce traffic safety problems
resulting from individuals driving while under the influence of
alcohol. Such grants may only be used by recipient States to
implement and enforce such programs.
(2) Maintenance of effort.--No grant may be made to a State
under this section in any fiscal year unless the State enters into
such agreements with the Secretary as the Secretary may require to
ensure that the 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 2 fiscal years
preceding the date of enactment of the Transportation Equity Act for
the 21st Century.
(3) Maximum period of eligibility.--No State may receive grants
under this section in more than 7 fiscal years beginning after
September 30, 1997.
(4) Federal share.--The Federal share of the cost of
implementing and enforcing in a fiscal year a program adopted by a
State pursuant to paragraph (1) shall not exceed--
(A) in each of the first and second fiscal years in which
the State receives a grant under this section, 75 percent;
(B) in each of the third and fourth fiscal years in which
the State receives a grant under this section, 50 percent; and
(C) in each of the fifth, sixth, and seventh fiscal years in
which the State receives a grant under this section, 25 percent.
(b) Basic Grant Eligibility.--
(1) Basic grant a.--A State shall become eligible for a grant
under this paragraph by adopting or demonstrating to the
satisfaction of the Secretary at least 5 of the following:
(A) Administrative license revocation.--An administrative
driver's license suspension or revocation system for individuals
who operate motor vehicles while under the influence of alcohol
that requires that--
(i) in the case of an individual who, in any 5-year
period beginning after the date of enactment of the
Transportation Equity Act for the 21st Century, is
determined on the basis of a chemical test to have been
operating a motor vehicle while under the influence of
alcohol or is determined to have refused to submit to such a
test as proposed by a law enforcement officer, the State
agency responsible for administering drivers' licenses, upon
receipt of the report of the law enforcement officer--
(I) shall suspend the driver's license of such
individual for a period of not less than 90 days if such
individual is a first offender in such 5-year period;
and
(II) shall suspend the driver's license of such
individual for a period of not less than 1 year, or
revoke such license, if such individual is a repeat
offender in such 5-year period; and
(ii) the suspension and revocation referred to under
clause (i) shall take effect not later than 30 days after
the day on which the individual refused to submit to a
chemical test or received notice of having been determined
to be driving under the influence of alcohol, in accordance
with the procedures of the State.
(B) Underage drinking program.--An effective system, as
determined by the Secretary, for preventing operators of motor
vehicles under age 21 from obtaining alcoholic beverages and for
preventing persons from making alcoholic beverages available to
individuals under age 21. Such system may include the issuance
of drivers' licenses to individuals under age 21 that are easily
distinguishable in appearance from drivers' licenses issued to
individuals age 21 or older and the issuance of drivers'
licenses that are tamper resistant.
(C) Enforcement program.--Either--
(i) a statewide program for stopping motor vehicles on a
nondiscriminatory, lawful basis for the purpose of
determining whether the operators of such motor vehicles are
driving while under the influence of alcohol; or
(ii) a statewide special traffic enforcement program for
impaired driving that emphasizes publicity for the program.
(D) Graduated licensing system.--A 3-stage graduated
licensing system for young drivers that includes nighttime
driving restrictions during the first 2 stages, requires all
vehicle occupants to be properly restrained, and makes it
unlawful for a person under age 21 to operate a motor vehicle
with a blood alcohol concentration of .02 percent or greater.
(E) Drivers with high bac.--Programs to target individuals
with high blood alcohol concentrations who operate a motor
vehicle. Such programs may include implementation of a system of
graduated penalties and assessment of individuals convicted of
driving under the influence of alcohol.
(F) Young adult drinking programs.--Programs to reduce
driving while under the influence of alcohol by individuals age
21 through 34. Such programs may include awareness campaigns;
traffic safety partnerships with employers, colleges, and the
hospitality industry; assessments of first-time offenders; and
incorporation of treatment into judicial sentencing.
(G) Testing for bac.--An effective system for increasing the
rate of testing of the blood alcohol concentrations of motor
vehicle drivers involved in fatal accidents and, in fiscal year
2001 and each fiscal year thereafter, a rate of such testing
that is equal to or greater than the national average.
(2) Basic grant b.--A State shall become eligible for a grant
under this paragraph by adopting or demonstrating to the
satisfaction of the Secretary each of the following:
(A) Fatal impaired driver percentage reduction.--The
percentage of fatally injured drivers with 0.10 percent or
greater blood alcohol concentration in the State has decreased
in each of the 3 most recent calendar years for which statistics
for determining such percentages are available.
(B) Fatal impaired driver percentage comparison.--The
percentage of fatally injured drivers with 0.10 percent or
greater blood alcohol concentration in the State has been lower
than the average percentage for all States in each of the
calendar years referred to in subparagraph (A).
(3) Basic grant amount.--The amount of a basic grant made to a
State for a fiscal year under this subsection shall equal up to 25
percent of the amount apportioned to the State for fiscal year 1997
under section 402.
(c) Supplemental Grants.--
(1) In general.--Upon receiving an application from a State, the
Secretary may make supplemental grants to the State for meeting 1 or
more of the following criteria:
(A) Video equipment for detection of drunk drivers.--The
State provides for a program to acquire video equipment to be
used in detecting persons who operate motor vehicles while under
the influence of alcohol and in prosecuting those persons, and
to train personnel in the use of that equipment.
(B) Self-sustaining drunk driving prevention program.--The
State provides for a self-sustaining drunk driving prevention
program under which a significant portion of the fines or
surcharges collected from individuals apprehended and fined for
operating a motor vehicle while under the influence of alcohol
are returned to those communities which have comprehensive
programs for the prevention of such operations of motor
vehicles.
(C) Reducing driving with a suspended license.--The State
enacts and enforces a law to reduce driving with a suspended
license. Such law, as determined by the Secretary, may require a
``zebra'' stripe that is clearly visible on the license plate of
any motor vehicle owned and operated by a driver with a
suspended license.
(D) Use of passive alcohol sensors.--The State provides for
a program to acquire passive alcohol sensors to be used by
police officers in detecting persons who operate motor vehicles
while under the influence of alcohol, and to train police
officers in the use of that equipment.
(E) Effective dwi tracking system.--The State demonstrates
an effective driving while intoxicated (DWI) tracking system.
Such a system, as determined by the Secretary, may include data
covering arrests, case prosecutions, court dispositions and
sanctions, and provide for the linkage of such data and traffic
records systems to appropriate jurisdictions and offices within
the State.
(F) Other programs.--The State provides for other innovative
programs to reduce traffic safety problems resulting from
individuals driving while under the influence of alcohol or
controlled substances, including programs that seek to achieve
such a reduction through legal, judicial, enforcement,
educational, technological, or other approaches.
(2) Eligibility.--A State shall be eligible to receive a grant
under this subsection in a fiscal year only if the State is eligible
to receive a grant under subsection (b) in such fiscal year.
(3) Funding.--Of the amounts made available to carry out this
section in a fiscal year, not to exceed 10 percent shall be
available for making grants under this subsection.
(d) Administrative Expenses.--Funds authorized to be appropriated to
carry out this section in a fiscal year shall be subject to a deduction
not to exceed 5 percent for the necessary costs of administering the
provisions of this section.
(e) Applicability of Chapter 1.--The provisions contained in section
402(d) shall apply to this section.
(f) Definitions.--In this section, the following definitions apply:
(1) Alcoholic beverage.--The term ``alcoholic beverage'' has the
meaning given such term in section 158(c).
(2) Controlled substances.--The term ``controlled substances''
has the meaning given such term in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)).
(3) Motor vehicle.--The term ``motor vehicle'' has the meaning
given such term in section 405.
(Added Pub. L. 100-690, title IX, Sec. 9002(a), Nov. 18, 1988, 102 Stat.
4521; amended Pub. L. 101-516, title III, Sec. 336, Nov. 5, 1990, 104
Stat. 2186; Pub. L. 102-240, title II, Sec. 2004(a), Dec. 18, 1991, 105
Stat. 2073; Pub. L. 102-388, title VI, Secs. 601-606, Oct. 6, 1992, 106
Stat. 1569, 1570; Pub. L. 104-59, title III, Sec. 324, Nov. 28, 1995,
109 Stat. 591; Pub. L. 105-18, title II, Sec. 8003, June 12, 1997, 111
Stat. 195; Pub. L. 105-130, Sec. 6(b), Dec. 1, 1997, 111 Stat. 2558;
Pub. L. 105-178, title II, Sec. 2004(a), June 9, 1998, 112 Stat. 328;
Pub. L. 108-88, Sec. 6(e)(1), Sept. 30, 2003, 117 Stat. 1120.)
References in Text
The date of enactment of the Transportation Equity Act for the 21st
Century, referred to in subsecs. (a)(2) and (b)(1)(A)(i), is the date of
enactment of Pub. L. 105-178, which was approved June 9, 1998.
Amendments
2003--Subsec. (a)(3). Pub. L. 108-88, Sec. 6(e)(1)(A), substituted
``7'' for ``6''.
Subsec. (a)(4)(C). Pub. L. 108-88, Sec. 6(e)(1)(B), substituted ``,
sixth, and seventh'' for ``and sixth''.
1998--Pub. L. 105-178 reenacted section catchline without change and
amended text generally. Prior to amendment, section related to alcohol-
impaired driving countermeasures, providing for general authority in
subsec. (a), maintenance of effort in subsec. (b), maximum period of
eligibility and Federal share for grants in subsec. (c), basic grant
eligibility in subsec. (d), amount of basic grant in subsec. (e),
supplemental grants in subsec. (f), administrative expenses in subsec.
(g), applicability of chapter 1 of this title in subsec. (h),
definitions in subsec. (i), and authorization of appropriations in
subsec. (j).
1997--Subsec. (c). Pub. L. 105-130, Sec. 6(b)(1)(A), substituted ``6
fiscal years'' for ``5 fiscal years'' in introductory provisions.
Subsec. (c)(3). Pub. L. 105-130, Sec. 6(b)(1)(B), substituted
``fifth, and sixth fiscal years'' for ``and fifth fiscal years''.
Subsec. (d)(2)(B). Pub. L. 105-130, Sec. 6(b)(2), substituted ``3
fiscal years'' for ``two fiscal years''.
Subsec. (j). Pub. L. 105-130, Sec. 6(b)(3), substituted ``1997,''
for ``1997, and'' and inserted before period at end ``, and $12,500,000
for the period of October 1, 1997, through March 31, 1998''.
Pub. L. 105-18 inserted ``, and an additional $500,000 for fiscal
year 1997'' after ``1997''.
1995--Subsec. (d)(1)(E). Pub. L. 104-59, Sec. 324(a), substituted
``December 18, 1991'' for ``the date of enactment of this section'' in
introductory provisions.
Subsec. (d)(3). Pub. L. 104-59, Sec. 324(b)(1), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (d)(7). Pub. L. 104-59, Sec. 324(b)(2), added par. (7).
Subsec. (f). Pub. L. 104-59, Sec. 324(c), redesignated pars. (2) to
(7) as (1) to (6), respectively, and struck out former par. (1) which
read as follows:
``(1) Blood alcohol concentration for persons under age 21.--Subject
to subsection (c), a State shall be eligible to receive a supplemental
grant in a fiscal year of 5 percent of the amount apportioned to the
State in fiscal year 1992 under section 402 of this title if the State
is eligible for a basic grant in the fiscal year and provides that any
person under age 21 with a blood alcohol concentration of 0.02 percent
or greater when driving a motor vehicle shall be deemed to be driving
while intoxicated.''
1992--Subsec. (c). Pub. L. 102-388, Sec. 601(2), (3), added subsec.
(c) and redesignated former subsec. (c) as (d).
Subsec. (d). Pub. L. 102-388, Secs. 601(2), 602, redesignated
subsec. (c) as (d), substituted ``5 or more of the following'' for ``4
or more of the following'' in introductory provisions, struck out
``within the time period specified in subparagraph (F)'' after
``revocation'' in par. (1)(C), and added par. (6). Former subsec. (d)
redesignated (e).
Subsec. (e). Pub. L. 102-388, Secs. 601(2), 603, redesignated
subsec. (d) as (e) and amended it generally. Prior to amendment, subsec.
(e) read as follows: ``Amount of Basic Grants.--The amount of a basic
grant to be made in a fiscal year under this section to a State eligible
to receive such grant shall be 65 percent of the amount of funds
apportioned to such State in such fiscal year under this section.''
Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 102-388, Secs. 601(2), 604, redesignated
subsec. (e) as (f) and substituted ``Subject to subsection (c), a State
shall be eligible to receive a supplemental grant in a fiscal year of 5
percent of the amount apportioned to the State in fiscal year 1992 under
section 402 of this title'' for ``A State shall be eligible to receive a
supplemental grant in a fiscal year of 5 percent of the amount
apportioned to the State in the fiscal year under this section'' in
pars. (1) to (7). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 102-388, Secs. 601(1), (2), 605, redesignated
subsec. (f) as (g), struck out ``, and the remainder shall be
apportioned among the several States'' before the period at end, and
struck out former subsec. (g) which provided for apportionment of the
remainder of the funds authorized to be appropriated to carry out this
section among the States according to certain formulas.
Subsec. (j). Pub. L. 102-388, Sec. 606, amended subsec. (j)
generally. Prior to amendment, subsec. (j) read as follows: ``Funding
for Fiscal Years 1993-1997.--From sums made available to carry out
section 402 of this title, the Secretary shall make available
$25,000,000 for each of fiscal years 1993 through 1997 to carry out this
section.''
1991--Pub. L. 102-240 substituted section catchline for one which
read: ``Drunk driving prevention programs'' and amended text generally,
substituting present provisions for provisions authorizing grants to
those States which adopt and implement drunk driving prevention programs
described in this section, requiring States to maintain expenditures for
drunk driving prevention programs, providing for Federal share payable,
maximum amount of basic grants and eligibility for basic grants,
providing for supplemental grants to States which implement specific
measures to fight drunk driving, and providing for definitions and
appropriations for this section.
1990--Subsec. (e)(1)(C). Pub. L. 101-516 struck out ``within the
time period specified in subparagraph (F)'' after ``revocation''.
Subsec. (e)(2). Pub. L. 101-516 inserted ``a significant portion
of'' after ``under which'' and substituted ``apprehended and fined for''
for ``convicted of''.
Effective Date of 1998 Amendment
Pub. L. 105-178, title II, Sec. 2004(b), June 9, 1998, 112 Stat.
332, provided that: ``The amendment made by subsection (a) [amending
this section] shall take effect on October 1, 1998.''
Effective Date of 1992 Amendment; Transition Provisions
Section 607 of title VI of Pub. L. 102-388 provided that:
``(a) Effective Date.--The amendments made by sections 601 through
606 [amending this section] shall take effect October 1, 1992.
``(b) States Eligible for Basic Grants Under Section 410 Before Date
of Enactment.--A State that received a basic grant in fiscal year 1992
under section 410 of title 23, United States Code, as in effect on
September 30, 1992, and that continues to meet the criteria for a basic
grant, as in effect on September 30, 1992, shall be eligible for a basic
grant under such section 410, as amended by this title.''
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-240, except as otherwise provided,
effective Dec. 18, 1991, and applicable to funds authorized to be
appropriated or made available after Sept. 30, 1991, and not applicable
to funds appropriated or made available on or before Dec. 18, 1991, see
section 2008 of Pub. L. 102-240, set out as a note under section 402 of
this title.
Effectiveness of Laws Establishing Maximum Blood Alcohol Concentrations
Pub. L. 105-178, title II, Sec. 2008, June 9, 1998, 112 Stat. 337,
provided that:
``(a) Study.--The Comptroller General shall conduct a study to
evaluate the effectiveness of State laws that--
``(1) deem any individual with a blood alcohol concentration of
0.08 percent or greater while operating a motor vehicle to be
driving while intoxicated; and
``(2) deem any individual under the age of 21 with a blood
alcohol concentration of 0.02 percent or greater while operating a
motor vehicle to be driving while intoxicated;
in reducing the number and severity of alcohol-involved crashes.
``(b) Report.--Not later than 2 years after the date of enactment of
this Act [June 9, 1998], the Comptroller General shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the results of the
study conducted under this section.''
States Eligible for Grants Before December 18, 1991
Section 2004(b) of Pub. L. 102-240 provided that: ``A State which,
before the date of the enactment of this Act [Dec. 18, 1991], was
eligible to receive a grant under section 410 of title 23, United States
Code, as in effect on the day before such date of enactment, may elect
to receive in a fiscal year grants under such section 410, as so in
effect, in lieu of receiving in such fiscal year grants under such
section 410, as amended by this Act.''
Issuance of Regulations
Section 9002(c) of Pub. L. 100-690 provided that: ``The Secretary of
Transportation shall issue and publish in the Federal Register proposed
regulations to implement section 410 of title 23, United States Code,
not later than 6 months after the date of the enactment of this section
[Nov. 18, 1988]. The final regulations for such implementation shall be
issued, published in the Federal Register, and transmitted to Congress
not later than 12 months after such date of enactment.''
Alcohol Impairment Standards and Information Exchange
Section 9003 of Pub. L. 100-690 provided that:
``(a) Alcohol Impairment Standards.--
``(1) Study.--Not later than 30 days after the date of enactment
of this Act [Nov. 18, 1988], the Secretary of Transportation shall
undertake to enter into appropriate arrangements with the National
Academy of Sciences to conduct a study to determine the blood
alcohol concentration level at or above which any individual when
operating any motor vehicle should be deemed to be driving while
under the influence of alcohol.
``(2) Report.--In entering into any arrangement with the
National Academy of Sciences for conducting the study under this
subsection, the Secretary shall request the National Academy of
Sciences to submit, not later than 15 months after the date of the
enactment of this Act, to the Secretary a report on the results of
such study. Upon its receipt, the Secretary shall immediately
transmit the report to Congress.
``(b) Federal-State Exchange of Information.--
``(1) Study.--The Secretary of Transportation shall conduct a
study regarding the exchange of information between the Federal
Government and State law enforcement officials on all arrests for
drunk driving offenses in all States. In conducting such study, the
Secretary shall consider the usefulness of such information to law
enforcement officials as well as any legal restraints on the
exchange or use of such information. One purpose of such study shall
be to identify effective methods, if any, for the exchange of such
information.
``(2) Report.--Not later than 1 year after the date of the
enactment of this Act [Nov. 18, 1988], the Secretary shall transmit
to Congress a report on the results of the study conducted under
this section.
``(c) Authorization of Appropriation.--There is authorized to be
appropriated to carry out this section $300,000 for fiscal year 1989.''
