Technical Report Documentation Page

1. Report No.
 DOT HS 809 286
2. Government Accession No.
3. Recipient's Catalog No.
4. Title and Subtitle

Legislative History of .08 Per Se Laws

5. Report Date
June 2001
6. Performing Organization Code
7. Author(s)

Rodriguez-Iglesias, C.; Wiliszowski, ClH.; Lacey, J.H.

8. Performing Organization Report No.


9. Performing Organization Name and Address

Mid-America Research Institute
611 Main Street
Winchester, MA 01890

10. Work Unit No. (TRAIS)
11. Contract or Grant No.


12. Sponsoring Agency Name and Address

National Highway Traffic Safety Administration
Office of Research and Traffic Records
400 7th Street, S.W.
Washington, D.C. 20590

13. Type of Report and Period Covered
Final Report
14. Sponsoring Agency Code
15. Supplementary Notes

Amy Berning was the Contracting Officer's Technical Representative (COTR) for this project.

16. Abstract

This report documents the legislative history of .08 per se legislation at the state level. It was conducted prior to the October 2000 passage of a federal provision mandating states to enact .08 per se laws by 2004 or otherwise begin losing federal highway construction funds. To write this legislative history, project staff studied the legislative and political processes in six states: Texas, Washington, Illinois, and Virginia (states that have passed .08 per se laws), as well as Maryland and Minnesota (states that, at the time of this study, had been attempting to pass .08 legislation for several years).

In-depth discussions were conducted with many individuals involved in the political and legislative processes at each site. In each of the states, project staff spoke with legislators both for and against .08 per se, as well as lobbyists and representatives from special interest groups on both sides of the issue. State-level agencies such as the Department of Motor Vehicles, the State Police, and the state's Department of Transportation were also consulted. In addition, project staff spoke with representatives from national organizations such as Mothers Against Drunk Driving, the Century Council, and the American Beverage Institute.

The report discusses arguments in favor and against .08 per se, key participants in the debate, as well as legislative strategies and tactics used by legislators to promote or block passage of the .08 bill.

17. Key Words

.08 per se, BAC, DWI legislation, DUI legislation, legislative history

18. Distribution Statement

This report is available from the National Technical Information Service, Springfield, VA 22161, (703) 605-6000, and from the NHTSA web site at

19. Security Classif. (of this report)


20. Security Classif. (of this page)


21. No. of Pages


22. Price
Form DOT F 1700.7 (8-72) Reproduction of completed page authorized

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