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