AN ANALYSIS OF THE POTENTIAL LEGAL CONSTRAINTS ON PROPOSED MODEL LEGISLATION CREATING A CLASS OF TRAFFIC OFFENSES AGGRAVATED BY ALCOHOL

An analysis was made of the legal feasibility of proposed legislation intended to deal with drinking drivers who do not meet the legal standard for alcohol intoxication, but who commit hazardous traffic violations while their blood alcohol concentration (BAC) is high enough to increase the risk of traffic crash involvement. The combination of alcohol involvement and a hazardous violation would be classified as a traffic offense aggravated by alcohol. Convicted offenders would receive increased sanctions, alternative sanctions (such as mandatory attendance at an alcohol-education program), or both. Examination of current law revealed that the proposed legislation would be constitutional in principle. However, chemical testing of drivers could be compelled only if there existed probable cause to arrest for a drinking-driving offense. In addition, enacting the proposed legislation would require substantial changes in existing state implied-consent and drinking-driving laws; for that reason, practical and potential constraints might be encountered.

  • Corporate Authors:

    Highway Safety Research Institute

    Huron Parkway and Baxter Road
    Ann Arbor, MI  USA  48109

    National Highway Traffic Safety Administration

    1200 New Jersey Avenue, SE
    Washington, DC  USA  20590
  • Authors:
    • Ruschmann, P A
    • JOSCELYN, K B
  • Publication Date: 1979-9

Media Info

  • Pagination: 37 p.

Subject/Index Terms

Filing Info

  • Accession Number: 00326259
  • Record Type: Publication
  • Source Agency: National Technical Information Service
  • Report/Paper Numbers: UM-HSRI-79-61 Final Rpt., HS-805 522
  • Contract Numbers: DOT-HS-7-01536
  • Files: HSL, NTIS, TRIS, USDOT
  • Created Date: Dec 11 1982 12:00AM