Introductory Letter Call To Action Table of Contents Program Brochure Mission Overview Prevention and Public Education Enforcement Prosecution, Adjudication and Treatment Legislation Partnerships Program Management Program Resources Checklist Resource Guide Media Kit Media Tools Fact Sheets Mobilization Hand-Out Logo Slicks

4. Legislation
Partners in Progress: An Impaired Driving Guide for Action strategy — Promote passage of effective legislation to deter impaired driving.

Effective impaired driving laws form the foundation for any impaired driving program. General and specific deterrence legislation has proven to be effective. The public supports laws that reduce impaired driving as well.

States and communities are encouraged to enact laws that define and prohibit impaired driving in broad and readily enforceable terms, facilitate the acquisition of evidence against impaired drivers and permit a broad range of administrative and judicial penalties and actions.

A. Impaired driving laws should define impaired driving offenses

• Establish .08 blood alcohol concentration (BAC) as the blood alcohol level at or above which it is illegal to operate a motor vehicle ("illegal per se");
• Establish that driving under the influence of other drugs (whether illegal, prescription or over-the-counter) is unlawful and is treated similarly to driving under the influence of alcohol;
• Establish vehicular homicide or causing personal injury while under the influence of alcohol as a separate offense;
• Prohibit open alcoholic beverage containers and consumption of alcohol in motor vehicles;
• Grant immunity for hospitals and personnel that conduct and report BAC tests of drivers in case of death or serious injury; and
• Establish a graduated driver licensing system for novice drivers.

B. Impaired driving laws should provide for effective enforcement

• Authorize law enforcement to conduct sobriety checkpoints that stop vehicles on a nondiscriminatory basis to identify drivers who may be driving under the influence of alcohol or drugs;
• Authorize law enforcement to use a preliminary breath test for a driver stopped for a suspected impaired driving offense;
• Authorize law enforcement to request additional tests for impairing drugs other than alcohol;
• Include implied consent provisions that permit the use of chemical tests on a vehicle operator stopped for a suspected impaired driving offense;
• Require mandatory BAC testing whenever a law enforcement officer has probable cause to believe that a driver has committed an alcohol-related driving offense, and
• Require prompt and certain license revocation or suspension for persons who refuse to take a chemical test to determine whether they were driving while impaired ("implied consent")

C. Impaired driving laws should provide effective penalties for these offenses

• Require prompt and certain administrative license revocation or suspension of at least 90 days for persons determined by a chemical test to violate the state's illegal per se law;
• Provide for increasingly severe penalties for repeat offenders, including lengthy license revocation, substantial criminal fines, jail, ignition interlock and/or impoundment or confiscation of license plates or vehicles operated by the offender;
• Provide enhanced or additional sanctions for high BACs;
• Provide for more stringent criminal penalties for those convicted of more serious offenses, such as vehicular homicide;
• Contain special provisions for youth under the age of 21 that mandate driver's license suspension for any violations of laws regarding the use or possession of alcohol or other drugs; and
• Establish victim assistance and victim restitution programs and require the use of a victim impact statement prior to sentencing in all impaired driving cases where death or serious injury occurred.