Page:United States Statutes at Large Volume 105 Part 3.djvu/190

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105 STAT. 2074 PUBLIC LAW 102-240—DEC. 18, 1991 is determined to have refused to submit to such a test as proposed by the law enforcement officer, the State entity responsible for administering drivers' licenses, upon receipt of the report of the law enforcement officer— "(i) shall suspend the driver's license of such person for a period of not less than 90 days if such person is a first offender in such 5-year period; and "(ii) shall suspend the driver's license of such person for a period of not less than 1 year, or revoke such license, if such person is a repeat offender in such 5- year period; and "(F) the suspension and revocation referred to under subparagraph (D) shall take effect not later than 30 days after the day on which the person first received notice of the suspension or revocation in accordance with subparagraph (B). "(2)(A) For each of the first three fiscal years in which a grant is received, any person with a blood alcohol concentration of 0.10 percent or greater when driving a motor vehicle shall be deemed to be driving while intoxicated; and "(B) For each of the last two fiscal years in which a grant is received, any person with a blood alcohol concentration of 0.08 percent or greater when driving a motor vehicle shall be deemed to be driving while intoxicated. "(3) A statewide program for stopping motor vehicles on a nondiscriminatory, lawful basis for the purpose of determining whether or not the operators of such motor vehicles are driving while under the influence of alcohol. "(4) A self-sustaining drunk driving prevention program under which a significant portion of the fines or surcharges collected from individuals apprehended and fined for operating a motor vehicle while under the influence of alcohol are returned, or an equivalent amount of non-Federal funds are provided, to those communities which have comprehensive programs for the prevention of such operations of motor vehicles. "(5) An effective system for preventing operators of motor vehicles under age 21 from obtaining alcoholic beverages. Such system may include the issuance of drivers' licenses to individuals under age 21 that are easily distinguishable in appearance from drivers' licenses issued to individuals age 21 years of age or older. "(d) AMOUNT OF BASIC GRANTS. —The amount of a basic grant to be made in a fiscal year under this section to a State eligible to receive ^ such grant shall be 65 percent of the amount of funds apportioned to such State in such fiscal year under this section. " (e) SUPPLEMENTAL GRANTS.— " (1) BLOOD ALCOHOL CONCENTRATION FOR PERSONS UNDER AGE 21. —A State shall be eligible to receive a supplemental grant in a fiscal year of 5 percent of the amount apportioned to the State ^ in the fiscal year under this section if the State is eligible for a basic grant in the fiscal year and provides that any person under age 21 with a blood alcohol concentration of 0.02 percent or greater when driving a motor vehicle shall be deemed to be driving while intoxicated. "(2) OPEN CONTAINER LAWS. — A State shall be eligible to receive a supplemental grant in a fiscal year of 5 percent of the amount apportioned to the State in the fiscal year under this