In order to avoid the withholding of funds as specified in § 1225.8 of this part, and to qualify for an incentive grant under § 1225.5 of this part, a State must demonstrate that it has enacted and is enforcing a law that provides that any person with a blood or breath alcohol concentration (BAC) of 0.08 percent or greater while operating a motor vehicle in the State shall be deemed to have committed a per se offense of driving while intoxicated or an equivalent per se offense. The law must:
Apply to all persons;
Set a BAC of not higher than 0.08 percent as the legal limit;
Make operating a motor vehicle by an individual at or above the legal limit a per se offense;
Provide for primary enforcement;
Apply the 0.08 BAC legal limit to the State's criminal code and, if the State has an administrative license suspension or revocation (ALR) law, to its ALR law; and
Be deemed to be or be equivalent to the standard driving while intoxicated offense in the State.
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