Minimum Penalties for Repeat Offenders for Driving While Intoxicated
Program Funding
Annual program obligations reported to SAM.gov.
Program Objective
To encourage States to enact and enforce Repeat Intoxicated Offender laws. Under Section 164, to avoid the transfer of funds, a State must enact and enforce a repeat intoxicated driver law that establishes, at minimum, certain specified penalties for second and subsequent convictions of driving while intoxicated or driving under the influence. 23 U.S.C. 164(a)(5).
Eligibility
Eligible Applicants
- U.S. State Government
- U.S. Territory Government
States, the District of Columbia, and Puerto Rico.
How to Apply
Award Procedure
Once the State provides a letter to NHTSA, the State will be given access to the transfer funds and can obligate the funds
Program details & compliance
Description
To encourage States to enact and enforce Repeat Intoxicated Offender laws. Under Section 164, to avoid the transfer of funds, a State must enact and enforce a repeat intoxicated driver law that establishes, at minimum, certain specified penalties for second and subsequent convictions of driving while intoxicated or driving under the influence. 23 U.S.C. 164(a)(5).
Mission Categories
Primary: Highways, Public Roads, and Bridges
Use of Funds
Allowed Uses
States failing to comply with Section 164 are subject to a reservation of 2.5 percent of federal-aid highway funds apportioned for the National Highway Performance Program and the Surface Transportation Block Grant Program. States decide the percentage of the reserved funds to be transferred to NHTSA for alcohol and/or drug-impaired driving countermeasures and/or to remain with FHWA for eligible activities under the Highway Safety Improvement Program. Funds transferred to NHTSA are subject to the requirements of the 402 program. Funds transferred to NHTSA must be used for alcohol and/or drug-impaired driving countermeasures or enforcement of driving while intoxicated (DWI), driving under the influence (DUI) and other related laws. A state may elect to use all or part of its transferred funds for activities eligible under 23 U.S.C. 148. Funds transferred to NHTSA must be used for alcohol and/or drug-impaired driving countermeasures or enforcement of driving while intoxicated (DWI), driving under the influence DUI) and other related laws.
Reporting & Compliance
Applicable 2 CFR 200 Subparts
- Subpart B — General Provisions
- Subpart C — Pre-Federal Award Requirements
- Subpart D — Post-Federal Award Requirements
- Subpart E — Cost Principles
- Subpart F — Audit Requirements