DUI's in Florida by Stephanie Stich: Legislative History

Legislation at the Federal Level

Beginning in 1982, Congress developed a series of grant programs to encourage states to enact strong and effective impaired driving laws.

The Section 408 program was created by Congress in 1982. To qualify for a basic grant under the Section 408 program, states were required to meet four criteria, including the enactment of a .10 BAC per se law. States that qualified for basic grant funds could qualify for supplemental grants based on additional criteria, including the enactment of a .08 per se law.

In 1988, Congress created the Section 410 program. To qualify for a basic grant under the Section 410 program, states were required to meet five out of seven criteria. One of these seven criteria was the enactment of a per se law. Furthermore, to qualify under this criterion, during the first three years that a state received section 410 basic grant funding, the illegal limit had to be set at .10 BAC or lower. To continue to qualify under this criterion after the initial three years of basic funding, the illegal limit in the state had to be set at .08 BAC. States that set the illegal limit at .08 BAC during the first three years of section 410 basic grant funding were eligible for additional supplemental grant funds. Thirty-eight states qualified for incentive grants under the Section 410 program in 1997 and 1998.

On May 22, 1998, Congress passed the Transportation Equity Act for the 21st Century ("TEA 21"), authorizing highway, highway safety, transit and other programs for the next six years. TEA 21 provides $500 million of incentive grants over 6 years to states that have enacted and are enforcing a .08 BAC per se law. These grants are to be based on what a state receives under NHTSA's State and Community Highway Safety Formula Grant Program, under Section 402 of Title 23, U.S. Code. The grant funds may be used for any project eligible under Title 23, which may include highway construction as well as highway safety projects.

Also in 1998, the Senate version of the Department of Transportation's Appropriations Bill included language that would have encouraged states to adopt .08 per se by diverting highway construction funds to safety programs unless .08 laws were adopted. Despite the Clinton administration's endorsement of the measure, no such language appeared in the 1998 House version of the bill, and the provision was removed in conference committee.

In October 2000, the Department of Transportation's 2001 Appropriations Act (HR4475) was passed by both chambers of the U.S. Congress and signed by President Clinton. The Act provides that states must pass a .08 per se law by 2004 or begin losing federal highway construction funds. States that do not implement .08 BAC by 2004 will lose 2 percent of their highway money, with the penalty increasing by 2 percent each year, until it reaches 8 percent beginning in FY2007. States that adopt the .08 limit by 2007 will get back all of the funds lost in previous years.

Legislation at the State Level

As of May 2001, forty-nine states, plus the District of Columbia and Puerto Rico, had enacted per se laws (the exception is Massachusetts, where an .08 BAC is considered evidence of impairment, but it is not illegal per se.). Twenty-five states, plus the District of Columbia and Puerto Rico, had established .08 BAC per se as the illegal limit. The remaining states have a .10 BAC per se limit.

During the 1999 state legislative sessions, 23 states introduced .08 per se bills. Only Texas and the District of Columbia were successful in passing the legislation. (A .08per se BAC became effective in Washington State in 1999, but the law was passed during the 1998 legislative session.)

All information above provided by the U.S. Department of Transportation website at the following link: http://www.nhtsa.gov/people/injury/research/pub/alcohol-laws/08history/1_introduction.htm