‘‘§ 161. Drunk driving
‘‘(a) TRANSFER
OF APPORTIONMENTS
FOR NON-
COMPLIANCE.—
‘‘(1) FIRST FISCAL YEAR.—On the first day of
the first fiscal year succeeding the first fiscal year
beginning after September 30, 1996, throughout
which a State does not meet the requirements of
subsection (b), the Secretary shall transfer 11⁄2 per-
cent of the funds apportioned to the State under
each of paragraphs (1), (2), and (3) of section
104(b) for such fiscal year to the apportionment of
the State under section 402 of this title.
‘‘(2) AFTER FIRST FISCAL YEAR.—On the first
day of each fiscal year after the second fiscal year
beginning after September 30, 1996, throughout
which a State does not meet the requirements of
subsection (b), the Secretary shall transfer 3 percent
of the funds apportioned to the State under each of
paragraphs (1), (2), and (3) of section 104(b) for
such fiscal year to the apportionment of the State
under section 402 of this title.
‘‘(b) REQUIREMENTS.—A State meets the require-
ments of this paragraph if the State has enacted and is
enforcing a law that provides for 4 or more of the follow-
ing:
‘‘(1) Any individual with a blood alcohol con-
centration of 0.08 percent or greater when driving a
motor vehicle shall be deemed to be driving while
under the influence of alcohol.
‘‘(2) Any individual under age 21, driving with
a blood alcohol concentration of 0.02 percent or
greater, shall be deemed to be driving while under
the influence of alcohol, and a blood alcohol content
of at least 0.02 percent, but less than 0.08 percent,
will be punishable by a fine of up to $500 and a 6-
month driver’s license suspension.
‘‘(3) With respect to the impoundment of motor
vehicles, the State law provides the following:
‘‘(A) If an individual’s license has been
suspended or revoked for an alcohol-related of-
fense and the individual is thereafter caught
driving, the vehicle the individual is driving will
be immediately impounded or immobilized for
30 days. The court can impound the vehicle for
an additional 90 days following conviction.
‘‘(B) The owner of the vehicle (other than
the driver) may petition the court for release of
the vehicle.
‘‘(C) Any individual who knowingly permits
operation of their motor vehicle by a person
known to have a revoked or suspended driver’s
license for an alcohol-related offense can be
charged with a Class 1 misdemeanor.
‘‘(4) Establishment of an expedited driver’s li-
cense suspension or revocation system for persons
who operate motor vehicles while under the influence
of alcohol which requires that—
‘‘(A) when a law enforcement officer has
probable cause under State law to believe a per-
son has committed an alcohol-related traffic of-
fense and such person is determined, on the
basis of a chemical test, to have been under the
influence of alcohol while operating the motor
vehicle or refuses to submit to such a test as
proposed by the officer, the officer shall serve
such person with a written notice of suspension
or revocation of the driver’s license of such per-
son and take possession of such driver’s license;
‘‘(B) the notice of suspension or revocation
referred to in subparagraph (A) shall provide
information on the administrative procedures
under which the State may suspend or revoke
in accordance with the objectives of this section
a driver’s license of a person for operating a
motor vehicle while under the influence of alco-
hol and shall specify any rights of the operator
under such procedures;
‘‘(C) the State shall provide, in the admin-
istrative procedures referred to in subparagraph
(B), for due process of law, including the right
to an administrative review of a driver’s license
suspension or revocation within the time period
specified in subparagraph (F);
‘‘(D) after serving notice and taking pos-
session of a driver’s license in accordance with
subparagraph (A), the law enforcement officer
immediately shall report to the State entity re-
sponsible for administering drivers’ licenses all
information relevant to the action taken in ac-
cordance with this subparagraph;
‘‘(E) in the case of a person who, in any
5-year period beginning after the date of enact-
ment of this section, is determined on the basis
of a chemical test to have been operating a
motor vehicle under the influence of alcohol or
is determined to have refused to submit to such
a test as proposed by the law enforcement offi-
cer, the State entity responsible for administer-
ing drivers’ licenses, upon receipt of the report
of the law enforcement officer—
‘‘(i) shall suspend the driver’s license
of such person for a period of not less than
90 days if such person is a first offender
in such 5-year period; and
‘‘(ii) shall suspend the driver’s license
of such person for a period of not less than
1 year, or revoke such license, if such per-
son is a repeat offender in such 5-year pe-
riod; and
‘‘(F) the suspension and revocation re-
ferred to under subparagraph (D) shall take ef-
fect not later than 30 days after the day on
which the person first received notice of the
suspension or revocation in accordance with
subparagraph (B).
‘‘(5)(A) Establishment and maintenance of a
graduated licensing program consisting of the follow-
ing licensing stages for any driver under age 21
years:
‘‘(i) An instructional license, valid for a
minimum period determined by the Secretary,
under which the licensee shall not operate a
motor vehicle unless accompanied in the front
passenger seat by the holder of a full driver’s
license.
‘‘(ii) A provisional driver’s license which
shall not be issued unless the driver has passed
a written examination on traffic safety and has
passed a roadtest administered by the driver li-
censing agency of the State.
‘‘(iii) A full driver’s license which shall not
be issued until the driver has held a provisional
license for at least 6 months with a clean driv-
ing record.
‘‘(B) For purposes of subparagraph (A)(iii), a
provisional licensee has a clean driving record if the
licensee—
‘‘(i) has not been found, by civil or crimi-
nal process, to have committed a moving traffic
violation during the applicable period;
‘‘(ii) has not been assessed points against
the license because of safety violations during
such period; and
‘‘(iii) has satisfied such other requirements
as the Secretary may prescribe by regulation.
‘‘(C) The Secretary shall determine the condi-
tions under which a State shall suspend provisional
driver’s licenses in order not to have funds trans-
ferred under subsection (a). At a minimum, the
holder of a provisional license shall be subject to
for Federal-aid highways and highway safety con-
struction programs to the total of the sums appor-
tioned to the State for Federal-aid highways and
highway safety construction (excluding sums not
subject to any obligation limitation) for such fiscal
year.
‘‘(e) LIMITATION ON APPLICABILITY OF HIGHWAY
SAFETY OBLIGATIONS.—Notwithstanding any other pro-
vision of law, no limitation on the total of obligations for
highway safety programs carried out by the Federal High-
way Administration under section 402 shall apply to funds
transferred under this section to the apportionment of sec-
tion 402.’’.
SEC. 4. CONFORMING AMENDMENT.
The analysis for chapter 1 of title 23, United States
Code, is amended by adding at the end the following:
‘‘161. Drunk driving.’’.
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