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U.S. Code as of:
01/19/04
Section 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.
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