Table 2-26: Number of States with Different Types of Anti-DUI / DWI Legislation in Effect as of January 1 of the Listed Year

Table 2-26: 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
BAC = 0.08 per se lawsa 2 4 5 10 13 13 15 16 (c) 18 (c) 20 (d, R) 29 (d) 33 (d) 47
BAC level 0.02 or less for persons younger than 21 years 0 0 3 12 (c) 28 (c) 38 (c) 51 (c) 51 (c) 51 (c) 51 (c) 51 (c) 51 (c) 51
Administrative license revocation (ALR) for DUI / DWI offendersb (c) 21 (c) 27 (c) 30 (c) 33 (c) 38 (c) 40 (c) 41 (c) 41 (c) 41 (c) 41 (c) 41 (c) 41 (c) 42

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

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

c Includes the District of Columbia.

d Includes the District of Columbia and Puerto Rico.

NOTE

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

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, 2002-03: Ibid., Impaired Driving Division, personal communications, May 22, 2000, Feb. 5, 2004, and Oct. 15, 2004.

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, Internet site 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.

2003-04: Ibid., .08 BAC Laws (Washington, DC: 2004), Internet site http://www.nhtsa.dot.gov/people/injury/alcohol/blood.htm as Oct. 19, 2004 and personal communication, Nov. 22, 2004.