§ 164. — Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 23USC164]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 164. Minimum penalties for repeat offenders for driving
while intoxicated or driving under the influence
(a) Definitions.--In this section, the following definitions apply:
(1) Alcohol concentration.--The term ``alcohol concentration''
means grams of alcohol per 100 milliliters of blood or grams of
alcohol per 210 liters of breath.
(2) 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.
(3) License suspension.--The term ``license suspension'' means
the suspension of all driving privileges.
(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 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 a driver's license suspension for not less than
1 year;
(B) be subject to the impoundment or immobilization of each
of the individual's motor vehicles or the installation of an
ignition interlock system on each of the motor vehicles;
(C) receive an assessment of the individual's degree of
abuse of alcohol and treatment as appropriate; and
(D) 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; 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.
(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 1\1/2\ percent of the funds apportioned to the State on that date
under each of paragraphs (1), (3), and (4) of section 104(b) to the
apportionment of the State under section 402--
(A) to be used for alcohol-impaired driving countermeasures;
or
(B) to be directed to State and local law enforcement
agencies for enforcement of laws prohibiting driving while
intoxicated 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-impaired driving countermeasures,
dedicated to enforcement of the laws (including regulations).
(2) Fiscal year 2003 and fiscal years thereafter.--On October 1,
2002, and each October 1 thereafter, if a State has not enacted or
is not enforcing a repeat intoxicated driver law, the Secretary
shall transfer an amount equal to 3 percent of the funds apportioned
to the State on that date under each of paragraphs (1), (3), and (4)
of section 104(b) to the apportionment of the State under section
402 to be used or directed as described in subparagraph (A) or (B)
of paragraph (1).
(3) Use for hazard elimination program.--A State may elect to
use all or a portion of the funds transferred under paragraph (1) or
(2) for activities eligible under section 152.
(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 under paragraph (1) or (2) may be derived from one or
more of the following:
(A) The apportionment of the State under section 104(b)(1).
(B) The apportionment of the State under section 104(b)(3).
(C) The apportionment of the State under section 104(b)(4).
(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.
(Added Pub. L. 105-178, title I, Sec. 1406(a), as added Pub. L. 105-206,
title IX, Sec. 9005(a), July 22, 1998, 112 Stat. 845.)
Effective Date
Section effective simultaneously with enactment of Pub. L. 105-178
and to be treated as included in Pub. L. 105-178 at time of enactment,
see section 9016 of Pub. L. 105-206, set out as an Effective Date of
1998 Amendment note under section 101 of this title.
