Section 164 of 23 U.S.C.

Section 164 of 23 U.S.C. required states to enact certain laws regarding repeat intoxicated drivers. These were to be in place by October 1, 2000. States without these laws forfeited part of their Federal highway construction funds. These monies were redirected to the state’s highway safety program to be used for alcohol-impaired driving countermeasures, or for enforcement of anti-drunk driving laws. Alternatively, states could also elect to use the funds for its hazard elimination program.

To be in compliance with Section 164, a state’s laws related to subsequent convictions for driving while intoxicated or driving under the influence of alcohol must require the following:

  • Behavior Assessment: States must mandate assessment of repeat intoxicated drivers’ degree of alcohol abuse and refer them to treatment when appropriate
  • Driver’s License Suspension: suspension must be for a minimum of one year
  • Mandatory Minimum Sentence: These should be not less than five days of imprisonment or 30 days of community service for the second offense. For the third or subsequent offense, the sentence should not be less than 10 days of imprisonment or 60 days of community service.
  • Vehicle Seizure: all vehicles of repeat intoxicated drivers must be impounded or immobilized for some period of time during the license suspension period

The statute defines a repeat intoxicated driver as a driver convicted of driving while intoxicated or driving under the influence of alcohol more than once in any five-year period. This means that states need to maintain records on driving convictions for DWI/DUI for a minimum of five years. Additionally, states must certify that they are in compliance with all the provisions of the statute. The following states and the District of Columbia met the requirements of Section 164 by the end of 2000: Alabama, Arizona, Arkansas, Colorado, Florida, Hawaii, Indiana, Idaho, Iowa, Kentucky, Maine, Michigan, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, North Carolina, Oklahoma, Pennsylvania, Utah, Virginia, and Washington.


Inside Section 164 of 23 U.S.C.