Digest of state alcohol-highway safety related legislation : current as of January 1, 1999

NHTSA · 1999 · ROSA P / United States. Department of Transportation. National Highway Traffic Safety Administration

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Summary

**Digest of State Alcohol-Highway Safety Related Legislation: Current as of January 1, 1999** This publication, the seventeenth edition of the *Digest of State Alcohol-Highway Safety Related Legislation*, addresses the need for a comprehensive, standardized reference on U.S. state laws concerning drunk driving and alcoholic beverage control. Motivated by the necessity for legal professionals, researchers, and policymakers to compare state statutes efficiently, the document provides a detailed status report on legislation effective as of January 1, 1999. It covers all 50 states, the District of Columbia, and U.S. territories, including American Samoa, Guam, Puerto Rico, and the Virgin Islands. The digest is organized into three primary sections: an introduction defining key legal terms, a summary of high-interest legislation, and a state-by-state analysis. The methodology involves a systematic review of state codes and case law, categorizing laws into specific subject areas such as implied consent, administrative per se laws, mandatory sanctions, and dram shop liability. The text defines critical concepts, including "illegal per se" laws (criminalizing driving at or above a specific blood alcohol concentration), "administrative per se" laws (allowing license revocation based on alcohol concentration independent of criminal conviction), and "dram shop" laws (liability for serving intoxicated individuals). It also details provisions for commercial motor vehicle operators, who face stricter standards, such as a 0.04 BAC limit, and laws regarding "happy hours" and open containers. The findings are presented through two major summary tables and detailed state profiles. Summary Table 1 outlines implied consent laws, presumptive and illegal per se BAC levels, and administrative penalties for refusal to submit to chemical tests. For instance, it notes that while many states set the illegal per se BAC at 0.10, some had lowered it to 0.08 by 1999. Summary Table 2 details mandatory sanctions for DWI convictions, including minimum imprisonment terms, fines, and license suspension or revocation periods for first, second, and subsequent offenses. The state-by-state analysis provides specific statutory citations, such as Alabama’s mandatory 90-day suspension for a first refusal to submit to a chemical test and its 1-year mandatory imprisonment for a third DWI offense. The digest also includes appendices featuring the Uniform Vehicle Code provisions and specific updates for Michigan. The significance of this document lies in its role as a foundational tool for comparative legal analysis in traffic safety. By standardizing the presentation of complex state laws, it facilitates the identification of legislative trends, such as the shift toward lower BAC limits and stricter administrative penalties. It serves as a critical resource for understanding the legal landscape of alcohol-related highway safety in the late 1990s, highlighting the divergence in state approaches to enforcement, sanctions, and liability. The publication explicitly states that it is distributed for information exchange and does not represent an endorsement of any specific products or manufacturers by the U.S. Department of Transportation.

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• drowsy as impairment