Digest of state alcohol-highway safety related legislation : current as of January 1, 1997

NHTSA · 1997 · ROSA P / United States. Department of Transportation. National Highway Traffic Safety Administration

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Summary

This document is the fifteenth edition of the National Highway Traffic Safety Administration’s (NHTSA) *Digest of State Alcohol-Highway Safety Related Legislation*, current as of January 1, 1997. It serves as a comprehensive reference tool designed to facilitate information exchange regarding state laws concerning drunk driving offenses and alcoholic beverage control. The publication aims to provide legal professionals, researchers, and policymakers with a standardized comparison of statutes across all U.S. states and territories, including the District of Columbia. The digest is organized into three primary sections: an introduction defining key legal terms, an analysis of high-interest legislation, and a detailed state-by-state summary. The introduction clarifies terminology such as "illegal per se" (criminal offense based on specific alcohol concentration), "administrative per se" (license suspension independent of criminal conviction), and "implied consent" (mandatory testing upon arrest). It also defines sanctions, commercial motor vehicle classifications, and dram shop liability. The state summaries are structured by specific legislative subject areas, including the basis for driving while intoxicated (DWI) charges, chemical test protocols, adjudication procedures, criminal and administrative sanctions, habitual offender laws, and related alcohol control measures like minimum drinking ages and open container prohibitions. Each state entry cites specific code sections and relevant case law to support the reported legal status. The findings present a detailed inventory of the legal landscape for alcohol-related highway safety in 1997. For each jurisdiction, the digest specifies the blood alcohol concentration (BAC) thresholds for standard DWI offenses, presumptions of impairment, and illegal per se violations. It outlines mandatory criminal sanctions, such as imprisonment terms and fines, as well as administrative actions like license suspensions or revocations for both DWI convictions and refusals to submit to chemical tests. The document also details provisions for commercial drivers, juvenile offenders, and specific penalties for homicide by vehicle. Additionally, it records the existence of dram shop laws, anti-plea bargaining statutes, and regulations regarding the sale of alcohol to intoxicated persons or minors. The significance of this digest lies in its role as a centralized resource for comparing the varying approaches states take to regulate alcohol-impaired driving. By standardizing the presentation of complex legal codes, it enables effective analysis of legislative trends and enforcement mechanisms. The inclusion of the Uniform Vehicle Code provisions in the appendix further aids in understanding federal standards versus state implementations. This publication supports ongoing efforts to reduce traffic injuries by providing clear, accessible data on the statutory frameworks governing alcohol and highway safety.

Key finding

The document is an administrative compilation of state legislation rather than a research study with empirical findings.

Methodology

dataset

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• dui enforcement