23 C.F.R. § 1275.3   Definitions.


Title 23 - Highways


Title 23: Highways
PART 1275—REPEAT INTOXICATED DRIVER LAWS

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§ 1275.3   Definitions.

As used in this part:

(a) Alcohol concentration means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

(b) Driver's motor vehicle means a motor vehicle with a title or registration on which the repeat intoxicated driver's name appears.

(c) Driving while intoxicated means driving or being in actual physical control of a motor vehicle while having an alcohol concentration above the permitted limit as established by each State, or an equivalent non-BAC intoxicated driving offense.

(d) Driving under the influence has the same meaning as “driving while intoxicated.”

(e) Enact and enforce means the State's law is in effect and the State has begun to implement the law.

(f) Ignition interlock system means a State-certified system designed to prevent drivers from starting their car when their breath alcohol concentration is at or above a preset level.

(g) Impoundment or immobilization means the removal of a motor vehicle from a repeat intoxicated driver's possession or the rendering of a repeat intoxicated driver's motor vehicle inoperable. For the purpose of this regulation, “impoundment or immobilization” also includes the forfeiture or confiscation of a repeat intoxicated driver's motor vehicle or the revocation or suspension of a repeat intoxicated driver's motor vehicle license plate or registration.

(h) Imprisonment means confinement in a jail, minimum security facility, community corrections facility, house arrest with electronic monitoring, inpatient rehabilitation or treatment center, or other facility, provided the individual under confinement is in fact being detained.

(i) License suspension means a hard suspension of all driving privileges.

(j) Motor vehicle means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial vehicle.

(k) Repeat intoxicated driver means a person who has been convicted of driving while intoxicated or driving under the influence of alcohol more than once in any five-year period.

(l) Repeat intoxicated driver law means a State law that imposes the minimum penalties specified in §1275.4 of this part for all repeat intoxicated drivers.

(m) State means any of the 50 States, the District of Columbia or the Commonwealth of Puerto Rico.

[63 FR 55802, Oct. 19, 1998, as amended at 65 FR 59124, Oct. 4, 2000]

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