Under 23 U.S.C. § 164, states are required to enact and enforce laws that provide minimum penalties for individuals who have been convicted of multiple DUI, DWI, or OWI offenses. The statute mandates that repeat offenders must receive a minimum penalty that includes an assessment of the individual's degree of alcohol abuse and treatment as necessary, as well as a suspension or revocation of the individual's driver's license. States that fail to comply with these requirements are subject to a transfer of a portion of federal highway funds to the state's alcohol-impaired driving countermeasures or to state highway safety improvement programs.
23 U.S.C. § 163 establishes a grant program to encourage states to adopt and implement programs aimed at preventing individuals from operating motor vehicles while intoxicated. The statute outlines specific criteria that states must meet to qualify for these grants, such as having a .08 percent blood alcohol concentration limit for DUI offenses, implementing open container laws, and conducting high-visibility enforcement efforts. States that meet these criteria are eligible for additional federal funding to support their efforts in reducing DUI, DWI, and OWI incidents.
49 U.S.C. § 31310 sets forth the disqualification requirements for CDL holders who are convicted of DUI, DWI, or OWI offenses. The statute specifies that individuals who operate a commercial motor vehicle (CMV) with a blood alcohol concentration of .04 percent or higher, or who refuse to undergo a blood alcohol test, are subject to disqualification. Additionally, CDL holders are subject to disqualification if they are convicted of DUI, DWI, or OWI in a non-CMV if their blood alcohol concentration is .08 percent or higher. The disqualification periods vary based on whether it is a first or subsequent offense and can include lifetime disqualification for certain repeat offenses.
49 C.F.R. Part 382 mandates that employers must implement alcohol and controlled substances testing programs for commercial drivers. The regulation requires pre-employment, reasonable suspicion, random, post-accident, return-to-duty, and follow-up testing for alcohol and controlled substances. The goal is to ensure that CMV operators are not under the influence while driving, thereby increasing road safety. The regulation also outlines the procedures for testing and the consequences for drivers who test positive or refuse to undergo testing.