112 STAT. 846 PUBLIC LAW 105-206-JULY 22, 1998 Effective dates.
- (1) ALCOHOL CONCENTRATION. — The term "alcohol concentration" means grams of alcohol per 100 milliliters of blood
or grams of alcohol per 210 liters of breath. ' (2) DRIVING WHILE INTOXICATED; DRIVING UNDER THE INFLUENCE. —The terms "driving while intoxicated" and "driving under the influence" mean driving or being in actual physical control of a motor vehicle while having an alcohol concentration above the permitted limit as established by each State. '(3) LICENSE SUSPENSION.— The term "license suspension" means the suspension of all driving privileges. '(4) MOTOR VEHICLE. — The term "motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial vehicle.
- (5) REPEAT INTOXICATED DRIVER LAW.— The term "repeat
intoxicated driver law" means a State law that provides, as a minimum penalty, that an individual convicted of a second or subsequent offense for driving while intoxicated or driving under the influence after a previous conviction for that offense shall— '(A) receive a driver's license suspension for not less than 1 year;
- (B) be subject to the impoundment or immobilization
of each of the individual's motor vehicles or the installation of an ignition interlock system on each of the motor vehicles;
- (C) receive an assessment of the individual's degree
of abuse of alcohol and treatment as appropriate; and
- (D) receive—
- (i) in the case of the second offense—
- (I) an assignment of not less than 30 days
of community service; or '(II) not less than 5 days of imprisonment; and
- (ii) in the case of the third or subsequent offense—
- (I) an assignment of not less than 60 days
ofcommunity service; or '(II) not less than 10 days of imprisonment. '(b) TRANSFER OF FUNDS. — '(1) FISCAL YEARS 2001 AND 2002.—On October 1, 2000, and October 1, 2001, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall transfer an amount equal to 1^2 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402— '(A) to be used for alcohol-impaired driving countermeasures; or
- (B) to be directed to State and local law enforcement
agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).
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