[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR234.17]

[Page 510-511]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 234_CONDUCT ON THE PENTAGON RESERVATION--Table of Contents
 
Sec. 234.17  Vehicles and traffic safety.

    (a) In general. Unless specifically addressed by regulations in this 
part, traffic and the use of vehicles within the Pentagon Reservation 
are governed by State law. Violating a provision of State law is 
prohibited.
    (b) Open container of an alcoholic beverage. (1) Each person within 
a vehicle is responsible for complying with the provisions of this 
section that pertain to carrying an open container. The operator of a 
vehicle is the person responsible for complying with the provisions of 
this section that pertain to the storage of an open container.

[[Page 511]]

    (2) Carrying or storing a bottle, can, or other receptacle 
containing an alcoholic beverage that is open or has been opened, or 
whose seal is broken, or the contents of which have been partially 
removed, within a vehicle on the Pentagon Reservation is prohibited.
    (3) This section does not apply to:
    (i) An open container stored in the trunk of a vehicle or, if a 
vehicle is not equipped with a trunk, an open container stored in some 
other portion of the vehicle designed for the storage of luggage and not 
normally occupied by or readily accessible to the operator or 
passengers; or
    (ii) An open container stored in the living quarters of a motor home 
or camper.
    (4) For the purpose of paragraph (a)(3)(i) of this section, a 
utility compartment or glove compartment is deemed to be readily 
accessible to the operator and passengers of a vehicle.
    (c) Operating under the influence of alcohol, drugs, or controlled 
substances. (1) Operating or being in actual physical control of a 
vehicle is prohibited while:
    (i) Under the influence of alcohol, a drug or drugs, a controlled 
substance or controlled substances, or any combination thereof, to a 
degree that renders the operator incapable of safe operation; or
    (ii) The alcohol concentration in the operator's blood or breath is 
0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams 
or more of alcohol per 210 liters of breath. Provided, however, that if 
State law that applies to operating a vehicle while under the influence 
of alcohol establishes more restrictive limits of alcohol concentration 
in the operator's blood or breath, those limits supersede the limits 
specified in this paragraph.
    (2) The provisions of paragraph (c)(1) of this section shall also 
apply to an operator who is or has been legally entitled to use alcohol 
or another drug.
    (3) Tests.
    (i) At the request or direction of an authorized person who has 
probable cause to believe that an operator of a vehicle within the 
Pentagon Reservation has violated a provision of paragraph (c)(1) of 
this section, the operator shall submit to one or more tests of the 
blood, breath, saliva, or urine for the purpose of determining blood 
alcohol, drug, and controlled substance content.
    (ii) Refusal by an operator to submit to a test is prohibited and 
may result in detention and citation by an authorized person. Proof of 
refusal may be admissible in any related judicial proceeding.
    (iii) Any test or tests for the presence of alcohol, drugs, and 
controlled substances shall be determined by and administered at the 
direction of an authorized person.
    (iv) Any test shall be conducted by using accepted scientific 
methods and equipment of proven accuracy and reliability operated by 
personnel certified in its use.
    (4) Presumptive levels.
    (i) The results of chemical or other quantitative tests are intended 
to supplement the elements of probable cause used as the basis for the 
arrest of an operator charged with a violation of this section. If the 
alcohol concentration in the operator's blood or breath at the time of 
the testing is less than the alcohol concentration specified in 
paragraph (c)(1)(ii) of this section, this fact does not give rise to 
any presumption that the operator is or is not under the influence of 
alcohol.
    (ii) The provisions of paragraphs (c)(3) and (c)(4)(i) of this 
section are not intended to limit the introduction of any other 
competent evidence bearing upon the question of whether the operator, at 
the time of the alleged violation, was under the influence of alcohol, a 
drug or drugs, or a controlled substance or controlled substances, or 
any combination thereof.