Digest of State Alcohol-Highway Safety Related Legislation. Twentieth Edition. Current as of January 1, 2002

NHTSA · 2002 · ROSA P / United States. National Highway Traffic Administration

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Summary

This document, the twentieth edition of the *Digest of State Alcohol-Highway Safety Related Legislation*, serves as a comprehensive reference for laws concerning drunk driving offenses and alcoholic beverage control across all U.S. states, the District of Columbia, and U.S. territories. Published by the National Highway Traffic Safety Administration (NHTSA) in April 2002, the digest reports the status of these laws as of January 1, 2002. Its primary purpose is to facilitate the comparison of state laws and provide legal citations for researchers and practitioners interested in traffic injury control and alcohol-related legislation. The digest is organized into three main sections: an introduction defining key legal terms, summary tables highlighting high-interest legislation, and a detailed state-by-state analysis. The introduction defines critical concepts such as "implied consent," "illegal per se" laws, "administrative per se" actions, "dram shop" liability, and "mandatory sanctions." It also clarifies distinctions between criminal offenses (e.g., driving while intoxicated) and administrative licensing actions. The document excludes laws regarding off-highway vehicles like snowmobiles or ATVs. The core of the document consists of two summary tables and extensive state-specific breakdowns. Summary Table 1 outlines implied consent laws, blood alcohol concentration (BAC) levels for illegal per se offenses, presumptive levels, and the presence of laws regarding preliminary breath tests, open containers, anti-consumption, and dram shop liability. Summary Table 2 details mandatory sanctions for DWI convictions, including fines, imprisonment terms, community service requirements, and licensing suspensions or revocations for first, second, and third offenses. The state-by-state sections provide specific code citations and historical notes for each jurisdiction, covering topics such as habitual offender laws, homicide by vehicle, and pre-sentence investigation requirements. The significance of this digest lies in its role as a standardized tool for understanding the fragmented legal landscape of alcohol-related highway safety in the United States. By consolidating data on BAC thresholds, mandatory penalties, and liability laws, it allows for the identification of trends and disparities in state approaches to drunk driving enforcement. The document highlights that while most states have adopted implied consent and illegal per se laws, the specific BAC thresholds (ranging from 0.08 to 0.10) and mandatory sanctions vary significantly. This resource supports policy analysis, legal research, and the evaluation of state compliance with federal safety standards.

Key finding

The document provides a detailed compilation of state laws concerning drunk driving offenses, alcohol beverage control, and related safety legislation current as of January 1, 2002.

Methodology

review

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Topics

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• dui enforcement
• drowsy as impairment