Page:United States Statutes at Large Volume 105 Part 3.djvu/192

 105 STAT. 2076 PUBLIC LAW 102-240—DEC. 18, 1991 trolled substances, or any combination of alcohol and controlled substances; "(ii) any person who operates a motor vehicle upon i the highwajrs of the State shall be deemed to have given consent to a test or tests of his or her blood, breath, or urine for the purpose of determining the blood alcohol concentration or the presence of controlled substances in his or her body; and "(iii) the driver's license of a person shall be suspended promptly, for a period of not less than 90 days in the case of a first offender and not less than 1 year in the case of any repeat offender, when a law enforcement officer has probable cause under State law to believe such person has committed a traffic offense relating to controlled substances use, and such person (I) is determined, on the basis of 1 or more chemical tests, to have been under the influence of controlled substances while operating a motor vehicle, or (II) refuses to submit to such a test as proposed by the officer; "(B) has in effect a law which provides that— "(i) any person convicted of a first violation of driving under the influence of controlled substances or alcohol, or both, shall receive— "(I) a mandatory license suspension for a period of not less than 90 days; and "(II) either an assignment of 100 hours of community service or a minimum sentence of imprisonment for 48 consecutive hours; "(ii) any person convicted of a second violation of driving under the influence of controlled substances or alcohol, or both, within 5 years after a conviction for the same offense shall receive a mandatory minimum sentence of imprisonment for 10 days and license revocation for not less than 1 year; "(iii) any person convicted of a third or subsequent violation of driving under the influence of controlled substances or alcohol, or both, within 5 years after a prior conviction for the same offense shall— "(I) receive a mandatory minimum sentence of imprisonment for 120 days; and (II) have his or her license revoked for not less than 3 years; and "(iv) any person convicted of driving with a suspended or revoked license or in violation of a restriction imposed as a result of a conviction for driving under the influence of controlled substances or alcohol, or both, shall receive a mandatory sentence of imprisonment for at least 30 days, and shall upon release from imprisonment receive an additional period of license suspension or revocation of not less than the period of suspension or revocation remaining in effect at the time of commission of the offense of driving with a suspended or revoked license; "(C) provides for an effective system, as determined by the Secretary, for— "(i) the detection of driving under the influence of controlled substances;

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