Page:United States Statutes at Large Volume 102 Part 5.djvu/517

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4523

responsible for administering drivers' licenses all information relevant to the action taken in accordance with this paragraph; "(E) in the case of an individual who, in any 5-year period beginning after the date of the enactment of this section, is determined on the bsisis of a chemical test to have been operating a motor vehicle under the influence of alcohol or is determined to have refused to submit to such a test as proposed by the law enforcement officer, the State entity responsible for administering driver's licenses, upon receipt of the report of the law enforcement officer— "(i) suspend the driver's license of such individual for a period of not less than 90 days if such individual is a first offender in such 5-year period; and "(ii) suspend the driver's license of such individual for a period of not less than 1 year, or revoke such license, if such individual is a repeat offender in such 5-year period; and "(F) the suspension and revocation referred to under subparagraph (D) take effect not later than— "(i) 15 days after the day on which the individual first received notice of the suspension or revocation in accordance with subparagraph (B); or "(ii) 30 days after the day on which the individual first received notice of the suspension or revocation in accordance with s u b p a r ^ r a p h (B) if the Secretary determines that the requirements of clause (i) would impose a hardship upon the State; and "(2) for a self-sustaining drunk driving prevention program under which the fines or surcharges collected from individuals convicted of operating a motor vehicle while under the influence of alcohol are returned, or an equivalent amount of nonFederal funds are provided, to those communities which have comprehensive programs for the prevention of such operations of motor vehicles. '(f) SUPPLEMENTAL GRANT PROGRAMS.— "(1) MANDATORY BLOOD ALCOHOL CONCENTRATION TESTING PRO-

GRAMS.—For purposes of this section, a State is eligible for a supplemental grant for a fiscal year in an amount, subject to subsection (c) of this section, not to exceed 10 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title if such State is eligible for a basic grant and in addition such State provides for mandatory blood alcohol concentration testing whenever a law enforcement officer has probable cause under State law to believe that a driver of a motor vehicle involved in an accident resulting in the loss of human life or, as determined by the Secretary, serious bodily injury, has committed an alcohol-related traffic offense. "(2) PROGRAM FOR PREVENTION OF OPERATORS UNDER AGE 21 FROM OBTAINING ALCOHOUC BEVERAGES.—For purpOSeS of t h i s

section, a State is eligible for a supplemental grant for a fiscal year in an amount, subject to subsection (c) of this section, not to exceed 10 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title if such State is eligible for a basic grant and in addition such State provides for an effective system for preventing operators of motor vehicles under age 21 from obtaining alcoholic beversiges, which may

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