Digest of State Alcohol-Highway Safety Related Legislation, Current as of January 1, 1998. Sixteenth Edition

NHTSA · 1998 · ROSA P / United States. National Highway Traffic Administration

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Summary

This document, the sixteenth edition of the *Digest of State Alcohol-Highway Safety Related Legislation*, serves as a comprehensive reference for U.S. state laws regarding drunk driving and alcoholic beverage control as of January 1, 1998. Published by the National Highway Traffic Safety Administration (NHTSA), the digest aims to facilitate information exchange and allow for the comparison of legal frameworks across jurisdictions. It covers all 50 states, the District of Columbia, and several U.S. territories, providing detailed statutory citations and case law references. The digest is organized into three primary sections: an introduction defining key legal terms, summary tables highlighting high-interest legislation, and a state-by-state analysis. The introduction clarifies critical concepts such as "administrative per se" laws, which allow license suspension independent of criminal conviction; "implied consent" laws, which mandate testing upon arrest; and "dram shop" laws, which establish liability for servers of alcohol. It also defines specific offenses, including driving while under the influence (DWI), illegal per se violations based on blood alcohol concentration (BAC), and homicide by vehicle. The core of the document consists of two summary tables and detailed state profiles. Summary Table 1 outlines implied consent laws, administrative per se thresholds, presumptive BAC levels, and the presence of open container, anti-consumption, and dram shop laws. Summary Table 2 details mandatory sanctions for DWI convictions, including minimum imprisonment terms, fines, and licensing suspensions or revocations for first, second, and third offenses. The state-by-state sections provide granular data on each jurisdiction's specific statutes, covering topics such as chemical test requirements, adjudication procedures, habitual offender laws, and penalties for serving alcohol to intoxicated individuals or minors. The significance of this digest lies in its utility for legal researchers, policymakers, and traffic safety professionals seeking to understand the regulatory landscape of alcohol-related highway safety. By standardizing the presentation of diverse state laws, it highlights variations in enforcement mechanisms, such as the use of preliminary breath tests, ignition interlock programs, and mandatory treatment alternatives. The document underscores the widespread adoption of administrative licensing actions and varying BAC thresholds, reflecting the evolving legislative efforts to deter impaired driving and enhance road safety during the late 1990s.

Key finding

The document provides a detailed compilation and comparison of state-level alcohol-highway safety legislation, including BAC limits, implied consent laws, and mandatory sanctions, as of January 1, 1998.

Methodology

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Topics

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• dui enforcement
• drowsy as impairment