Under 23 U.S.C. § 164, states are required to enact and enforce laws that impose minimum penalties on individuals who have been convicted of a second or subsequent DUI or DWI offense. These penalties must include a suspension or revocation of the driver's license for at least one year, the impoundment or immobilization of the offender's vehicle, or the installation of an ignition interlock device on the offender's vehicle. States that fail to comply with these requirements may have a portion of their federal-aid highway funds withheld.
23 U.S.C. § 163 encourages states to adopt and implement laws that effectively deter driving under the influence of alcohol or drugs. The statute provides grant incentives to states that have enacted and are enforcing laws requiring the use of ignition interlock devices for individuals convicted of DUI or DWI offenses. Additionally, the statute supports the adoption of open container laws and the enactment of high BAC laws with stricter penalties for those with a BAC significantly above the legal limit.
Under 49 U.S.C. § 31310, commercial drivers are subject to disqualification from operating commercial motor vehicles for certain offenses, including DUI, DWI, or OWI. The statute specifies that a CDL holder will be disqualified for a period of one year for a first offense of driving a commercial vehicle under the influence of alcohol or controlled substances. For a second offense, the disqualification is for life, with the possibility of reinstatement under certain conditions after 10 years. Additionally, the statute mandates disqualification for refusing to take an alcohol test as required by any state or jurisdiction under its implied consent laws or regulations.
49 C.F.R. Part 382 establishes the guidelines for controlled substances and alcohol use and testing for commercial drivers. It requires employers to implement a drug and alcohol testing program for commercial drivers, which includes pre-employment testing, random testing, reasonable suspicion testing, post-accident testing, return-to-duty testing, and follow-up testing. The regulation aims to promote safety on public roads by ensuring that commercial drivers are not operating vehicles while impaired by alcohol or drugs.