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23 U.S.C. § 164 — Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section, the following definitions apply:
(1) **24-7 sobriety program.—** — The term “24-7 sobriety program” has the meaning given the term in section 405(d)(7)(A).
(2) **Alcohol concentration.—** — The term “alcohol concentration” means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
(3) **Driving while intoxicated; driving under the influence.—** — The terms “driving while intoxicated” and “driving under the influence” mean 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.
(4) **Motor vehicle.—** — The term “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.
(5) **Repeat intoxicated driver law.—** — The term “repeat intoxicated driver law” means a State law or combination of laws or programs that provides, as a minimum penalty, that an individual convicted of a second or subsequent offense for driving while intoxicated or driving under the influence after a previous conviction for that offense shall—
(A) receive, for a period of not less than 1 year—
(i) a suspension of all driving privileges;
(ii) a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed, unless a special exception applies;
(iii) a restriction on driving privileges that limits the individual to operating motor vehicles only if participating in, and complying with, a 24-7 sobriety program; or
(iv) any combination of clauses (i) through (iii);
(B) receive an
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Source file: Laws/federal/codes/united-states-code/title-23/section-164-minimum-penalties-for-repeat-offenders-for-driving-while-intoxicated-or--eb440b7811.md
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Source location: Title 23, Chapter 1, § 164; chapter-001-federal-aid-highways.md
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**(a) Definitions.—** In this section, the following definitions apply:
(1) **24-7 sobriety program.—** — The term “24-7 sobriety program” has the meaning given the term in section 405(d)(7)(A).
(2) **Alcohol concentration.—** — The term “alcohol concentration” means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
(3) **Driving while intoxicated; driving under the influence.—** — The terms “driving while intoxicated” and “driving under the influence” mean 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.
(4) **Motor vehicle.—** — The term “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.
(5) **Repeat intoxicated driver law.—** — The term “repeat intoxicated driver law” means a State law or combination of laws or programs that provides, as a minimum penalty, that an individual convicted of a second or subsequent offense for driving while intoxicated or driving under the influence after a previous conviction for that offense shall—
(A) receive, for a period of not less than 1 year—
(i) a suspension of all driving privileges;
(ii) a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed, unless a special exception applies;
(iii) a restriction on driving privileges that limits the individual to operating motor vehicles only if participating in, and complying with, a 24-7 sobriety program; or
(iv) any combination of clauses (i) through (iii);
(B) receive an assessment of the individual’s degree of abuse of alcohol and treatment as appropriate; and
(C) receive—
(i) in the case of the second offense—
(I) an assignment of not less than 30 days of community service; or
(II) not less than 5 days of imprisonment (unless the State certifies that the general practice is that such an individual will be incarcerated); and
(ii) in the case of the third or subsequent offense—
(I) an assignment of not less than 60 days of community service; or
(II) not less than 10 days of imprisonment (unless the State certifies that the general practice is that such an individual will receive 10 days of incarceration).
(6) **Special exception.—** — The term “special exception” means an exception under a State alcohol-ignition interlock law for the following circumstances:
(A) The individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual.
(B) The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device.
**(b) Transfer of Funds.—**
(1) **Fiscal years 2001 and 2002.—** — On October 1, 2000, and October 1, 2001, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall transfer an amount equal to 1½ percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) 11 See References in Text note below. to the apportionment of the State under section 402—
(A) to be used for alcohol- or multiple substance-impaired driving countermeasures; or
(B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated, driving while multiple substance-impaired, or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol- or multiple substance-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).
(2) **Fiscal year 2022 and thereafter.—**
(A) *Reservation of funds.—*
(i) *In general.—* — On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3).
(ii) *States described.—* — A State referred to in clause (i) is a State—
(I) that has not enacted or is not enforcing a repeat intoxicated driver law; and
(II) for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing a repeat intoxicated driver law.
(B) *Transfer of funds.—* — As soon as practicable after the date of receipt of a certification from a State under subparagraph (A)(i), the Secretary shall—
(i) transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and
(ii) release the reserved funds identified by the State as described in paragraph (3).
(3) **Use for highway safety improvement program.—**
(A) *In general.—* — A State may elect to use all or a portion of the funds reserved under paragraph (2) for activities eligible under section 148.
(B) *State departments of transportation.—* — If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.
(4) **Federal share.—** — The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent.
(5) **Derivation of amount to be transferred.—** — The amount to be transferred or released under paragraph (2) may be derived from the following:
(A) The apportionment of the State under section 104(b)(1).
(B) The apportionment of the State under section 104(b)(2).
(6) **Transfer of obligation authority.—**
(A) *In general.—* — If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402.
(B) *Amount.—* — The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying—
(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by
(ii) the ratio that—
(I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to
(II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year.
(7) **Limitation on applicability of obligation limitation.—** — Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this title, the following definitions apply:
(1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws.
(2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
(3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
(4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Required.—**
(1) **In general.—** — Each State shall have in effect a highway safety program that—
(i) is designed to reduce—
(I) traffic crashes; and
(II) deaths, injuries, and property damage resulting from those crashes;
(ii) includes—
(I) an approved, current, triennial highway safety plan in accordance with subsection (k); and
(II) an approved grant application under subsection (l) for the fiscal year;
(iii) demonstrates compliance with the applicable administrative requirements of subsection (b)(1); and
(iv) is approved by the Secretary.
(2) **Uniform guidelines.—** — Programs required under paragraph (1) shall comply with uniform guidelines, promulgated by the Secretary and expressed in terms of performance criteria, that—
(A) include programs—
(i) to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits;
(ii) to encourage the proper use of safety belts by occupants of motor vehicles;
(iii) to encourage more widespread and proper use of child restraints, with an emphasis on underserved populations;
(iv) to reduce injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance;
(v) to prevent crashes and reduce injuries and deaths resulting from crashes involving motor vehicles and motorcycles;
(vi) to reduce injuries and deaths resulting from crashes involving school buses;
(vii) to reduce crashes resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles);
(viii) to improve law enforcement services in motor vehicle crash prevention, traffic supervision, and post-crash proce
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Authority.—**
(1) **In general.—** — Subject to the requirements of this section, the Secretary shall—
(A) manage programs to address national priorities for reducing highway deaths and injuries; and
(B) allocate funds for the purpose described in subparagraph (A) in accordance with this subsection.
(2) **Occupant protection.—** — In each fiscal year, 13 percent of the funds provided under this section shall be allocated among States that adopt and implement effective occupant protection programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles (as described in subsection (b)).
(3) **State traffic safety information system improvements.—** — In each fiscal year, 14.5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to State traffic safety information system improvements (as described in subsection (c)).
(4) **Impaired driving countermeasures.—** — In each fiscal year, 53 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to impaired driving countermeasures (as described in subsection (d)).
(5) **Distracted driving.—** — In each fiscal year, 8.5 percent of the funds provided under this section shall be allocated among States that adopt and implement effective laws to reduce distracted driving (as described in subsection (e)).
(6) **Motorcyclist safety.—** — In each fiscal year, 1.5 percent of the funds provided under this section shall be allocated among States that implement motorcyclist safety programs (as described in subsection (f)).
(7) **Nonmotorized safety.—** — In each fiscal year, 7 percent of the funds provided under this sec
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Federal law — U.S. Code and appendices · legal_authorities
Page 278
TITLE 23—HIGHWAYS
§ 164
Stat. 384; Pub. L. 109–37, § 5(a)(2), July 22, 2005,
119 Stat. 399; Pub. L. 109–40, § 5(a)(2), July 28,
2005, 119 Stat. 416; Pub. L. 109–59, title I, § 1407(a),
(b), Aug. 10, 2005, 119 Stat. 1231; Pub. L. 112–141,
div. A, title I, § 1404(i), July 6, 2012, 126 Stat. 559;
Pub. L. 114–94, div. A, title I, § 1446(a)(9), Dec. 4,
2015, 129 Stat. 1437.)
Editorial Notes
REFERENCES IN TEXT
Section 104, referred to in subsec. (e)(1), was amended
generally by Pub. L. 112–141, div. A, title I, § 1105(a),
July 6, 2012, 126 Stat. 427.
AMENDMENTS
2015—Subsec. (f)(2). Pub. L. 114–94 substituted ‘‘118(b)’’
for ‘‘118(b)(2)’’.
2012—Subsec. (e)(1), (2). Pub. L. 112–141 added pars. (1)
and (2) and struck out former pars. (1) and (2) which re-
lated to penalty generally and amount to be withheld,
respectively.
2005—Subsec. (e). Pub. L. 109–59, § 1407(a)(2), added
subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (e)(1). Pub. L. 109–40 substituted ‘‘$91,315,068
for the period of October 1, 2004, through July 30, 2005’’
for ‘‘$90,410,958 for the period of October 1, 2004, through
July 27, 2005’’.
Pub. L. 109–37 substituted ‘‘$90,410,958 for the period of
October 1, 2004, through July 27, 2005’’ for ‘‘$89,100,000
for the period of October 1, 2004, through July 21, 2005’’.
Pub. L. 109–35 substituted ‘‘$89,100,000 for the period of
October 1, 2004, through July 21, 2005’’ for ‘‘$88,000,000
for the period of October 1, 2004, through July 19, 2005’’.
Pub. L. 109–20 substituted ‘‘$88,000,000 for the period of
October 1, 2004, through July 19, 2005’’ for ‘‘$82,500,000
for the period of October 1, 2004, through June 30, 2005’’.
Pub. L. 109–14 substituted ‘‘$82,500,000 for the period of
October 1, 2004, through June 30, 2005’’ fo
Source: Supplied 2024 U.S. Code historical extraction · 23 U.S.C. § 164
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