23 CFR 1225.4 - Adoption of 0.08 BAC per se law.
In order to avoid the withholding of funds as specified in § 1225.8 of this part, and to qualify for an incentive grant under § 1225.5 of this part, a State must demonstrate that it has enacted and is enforcing a law that provides that any person with a blood or breath alcohol concentration (BAC) of 0.08 percent or greater while operating a motor vehicle in the State shall be deemed to have committed a per se offense of driving while intoxicated or an equivalent per se offense. The law must:
(a) Apply to all persons;
(b) Set a BAC of not higher than 0.08 percent as the legal limit;
(c) Make operating a motor vehicle by an individual at or above the legal limit a per se offense;
(d) Provide for primary enforcement;
(e) Apply the 0.08 BAC legal limit to the State's criminal code and, if the State has an administrative license suspension or revocation (ALR) law, to its ALR law; and
(f) Be deemed to be or be equivalent to the standard driving while intoxicated offense in the State.