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Table 2-27: Number of States with Different Types of Anti-DUI / DWI Legislation in Effect as of January 1 of the Listed Year

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  1986 1990 1992 1994 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
BAC = 0.08 per se lawsa.b,c 2 4 5 10 13 13 15 16 18 20 29 33 47 52 52 52 52 52 52 52 52
BAC level 0.02 or less for persons younger than 21 yearsd 0 0 3 12 28 38 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51
Administrative license revocation (ALR) for DUI / DWI offenderse,f 21 27 30 33 38 40 41 41 41 41 41 41 42 42 42 42 42 42 42 42 42

KEY: BAC = blood alcohol concentration; DUI = driving under the influence; DWI = driving while intoxicated.

a Per se law makes it illegal in and of itself to drive with an alcohol concentration measured at or above a certain level.

b Includes the District of Columbia in 2000 and 2001.

c Includes the District of Columbia and Puerto Rico beginning in 2003.

d Includes the District of Columbia beginning in 1996.

e States that impose additional thresholds for ALR beyond those imposed for DUI/DWI are not included in these figures.

f Includes the District of Columbia for all years.

NOTES

National Uniform Minimum Drinking Age Act, which standardized the minimum drinking age at 21, was enacted in 1984.

Although Puerto Rico lacks an Age 21 Minimum Drinking Age law, it has a Zero Tolerance law for people under 18 and a .02% BAC law for people between the ages of 18 and 21 as of Jan. 1, 2010.

SOURCES

0.02 BAC and Administrative license revocation:

1986-98: U.S. Department of Transportation, National Highway Traffic Safety Administration, Traffic Safety Programs, Research and Evaluation Division, personal communications, Apr. 9, 1999 and Oct. 4, 1999.

1999-2000, 2002-10: Ibid., Impaired Driving Division, personal communications, May 22, 2000, Feb. 5, 2004, Oct. 15, 2004, and Apr. 20, 2010.

2001: Ibid., Setting Limits, Saving Lives (Washington, DC: April 2001), DOT HS 809-241.

0.08 BAC:

1986-2000: Ibid., Presidential Initiative for Making 0.08 BAC the National Legal Limit, A Progress Report, available at http://www.nhtsa.dot.gov/people/injury/alcohol/limit.08/08progressreport/index.html as of Aug. 13, 2001.

2001: Ibid., Setting Limits, Saving Lives (Washington, DC: April 2001), DOT HS 809-241.

2002: Ibid., Impaired Driving Division, personal communication, Feb. 5, 2004.

2003-12: Ibid., .08 BAC Laws (Washington, DC: 2004), available at http://www.nhtsa.dot.gov/people/injury/alcohol/blood.htm as of Oct. 19, 2004 and personal communication, Aug. 21, 2004, Aug. 17, 2007, Apr. 20, 2011, and Mar. 6, 2012.




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