Digest of Impaired Driving and Selected Beverage Control Laws [2007]

NHTSA · 2007 · ROSA P / United States. Department of Transportation. National Highway Traffic Safety Administration

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Summary

This document is the twenty-fourth edition of the *Digest of Impaired Driving and Selected Beverage Control Laws*, published by the National Highway Traffic Safety Administration (NHTSA) in August 2007. It serves as a comprehensive reference detailing the status of state laws regarding impaired driving offenses and alcoholic beverage control across all 50 U.S. states and the District of Columbia, current as of January 1, 2007. The digest aims to provide an easily accessible, consistently formatted compilation of the most utilized laws for each state to facilitate research and information exchange. The document is structured by state, with each entry covering specific legislative subject areas. These include the basis for Driving While Intoxicated (DWI) charges, such as "illegal per se" laws and presumptions of impairment; chemical breath test protocols, including preliminary and evidential tests under implied consent laws; adjudication procedures like mandatory sentencing and anti-plea-bargaining statutes; and sanctions for both criminal offenses and administrative licensing actions. The digest also details laws concerning commercial motor vehicles, vehicular homicide, habitual offender status, and beverage control issues such as dram shop liability, minimum age laws, and prohibitions on open containers or "happy hours." Key legal definitions are provided, such as "administrative per se law," which allows license suspension based on blood alcohol concentration, and "dram shop laws," which hold servers liable for damages caused by intoxicated individuals. The findings present specific statutory details for each jurisdiction. For example, Alabama defines a standard DWI offense as driving with a blood alcohol concentration (BAC) of ≥.08, with stricter presumptions for school bus operators and persons under 21. Sanctions in Alabama escalate from fines and short jail terms for first offenses to felony charges for fourth or subsequent offenses within five years. Administrative actions include mandatory license suspensions for refusing chemical tests. Alaska similarly sets the illegal per se limit at ≥.08 but includes inhalants in its definition of intoxication. The digest notes that Alaska’s implied consent law applies to accidents involving death or serious injury, though court rulings have challenged certain warrantless search provisions. The document consistently reports mandatory minimum terms, fine ranges, and vehicle impoundment rules, noting that sanctions for juvenile offenders may differ from those for adults. The significance of this digest lies in its role as a centralized resource for understanding the legal landscape of impaired driving and alcohol control in the United States. By standardizing the presentation of complex state laws, it aids policymakers, legal professionals, and researchers in comparing regulatory approaches. The inclusion of historical notes and case law citations, such as Alabama’s *Ex Parte Buckner* defining "under the influence," provides context for judicial interpretations. The document underscores the variation in state approaches to enforcement, particularly regarding commercial drivers, who face lower BAC thresholds (e.g., ≥.04 in Alabama) and stricter disqualification periods. This compilation supports efforts to harmonize traffic laws and evaluate the effectiveness of various legislative strategies in reducing impaired driving.

Key finding

The document provides a comparative legal survey of impaired driving statutes rather than presenting empirical research findings.

Methodology

dataset

Provenance

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Topics

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• dui enforcement
• drowsy as impairment