PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1531
‘‘(B) a mandatory assessment by a certified substance abuse official of whether the individual has an alcohol abuse problem with possible referral to counseling if the official determines that such a referral is appropriate. ‘‘(5) PROGRAMS FOR EFFECTIVE ALCOHOL REHABILITATION AND DWI COURTS.—A program for effective inpatient and outpatient alcohol rehabilitation based on mandatory assessment and appropriate treatment for repeat offenders or a program to refer impaired driving cases to courts that specialize in driving while impaired cases that emphasize the close supervision of high-risk offenders. ‘‘(6) UNDERAGE DRINKING PROGRAM.—An effective strategy, as determined by the Secretary, for preventing operators of motor vehicles under age 21 from obtaining alcoholic beverages and for preventing persons from making alcoholic beverages available to individuals under age 21. Such a strategy may include— ‘‘(A) the issuance of tamper-resistant drivers’ licenses to individuals under age 21 that are easily distinguishable in appearance from drivers’ licenses issued to individuals age 21 or older; and ‘‘(B) a program provided by a nonprofit organization for training point of sale personnel concerning, at a minimum— ‘‘(i) the clinical effects of alcohol; ‘‘(ii) methods of preventing second party sales of alcohol; ‘‘(iii) recognizing signs of intoxication; ‘‘(iv) methods to prevent underage drinking; and ‘‘(v) Federal, State, and local laws that are relevant to such personnel; and ‘‘(C) having a law in effect that creates a 0.02 percent blood alcohol content limit for drivers under 21 years old. ‘‘(7) ADMINISTRATIVE LICENSE REVOCATION.—An administrative driver’s license suspension or revocation system for individuals who operate motor vehicles while under the influence of alcohol that requires that— ‘‘(A) in the case of an individual who, in any 5-year period beginning after the date of enactment of the Transportation Equity Act for the 21st Century, is determined on the basis of a chemical test to have been operating a motor vehicle while under the influence of alcohol or is determined to have refused to submit to such a test as proposed by a law enforcement officer, the State agency responsible for administering drivers’ licenses, upon receipt of the report of the law enforcement officer— ‘‘(i) suspend the driver’s license of such individual for a period of not less than 90 days if such individual is a first offender in such 5-year period; except that under such suspension an individual may operate a motor vehicle, after the 15-day period beginning on the date of the suspension, to and from employment, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual; and
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 00388
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
�
