ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.

SEC. 324. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES. (a) Technical Amendment.—Section 410(d)(1)(E) of title 23, United States Code, is amended by striking “the date of enactment of this section” and inserting “December 18, 1991”. (b) Basic Grant Eligibility.—Section 410(d) of such title is amended— (1) in paragraph (3)— (A) by inserting “(A)” after “(3)”; and (B) by adding at the end the following: “(B) A State shall be treated as having met the requirement of this paragraph if— “(i) the State provides to the Secretary a written certification that the highest court of the State has issued a decision indicating that implementation of subparagraph (A) would constitute a violation of the constitution of the State; and “(ii) the State demonstrates to the satisfaction of the Secretary that— “(I) the alcohol fatal crash involvement rate in the State has decreased in each of the 3 most recent calendar years for which statistics for determining such rate are available; and “(II) the alcohol fatal crash involvement rate in the State has been lower than the average such rate for all States in each of such calendar years.”; and (2) by adding at the end the following: “(7) Any individual under age 21 with a blood alcohol concentration of 0.02 percent or greater when driving a motor vehicle shall be deemed to be driving while intoxicated or driving under the influence of alcohol.”. (c) Supplemental Grants.—Section 410(f) of such title is amended by striking paragraph (1) and redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively.