Minimum Penalties for Repeat Offenders for Driving While Intoxicated


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).

General information about this opportunity
Last Known Status
Program Number
Federal Agency/Office
National Highway Traffic Safety Administration, Department of Transportation
Type(s) of Assistance Offered
A - Formula Grants; B - Project Grants
Program Accomplishments
Not applicable.
Highway Safety Act of 1998 as amended, 23 U.S.C. 164
Bipartisan Infrastructure Law, enacted as Infrastructure Investment and Jobs Act, Public Law 117-58, Section 24107, Public Law 117-58
Who is eligible to apply/benefit from this assistance?
Applicant Eligibility
States, the District of Columbia, and Puerto Rico.
Beneficiary Eligibility
State Departments of Transportation and State Highway Safety agencies.
If a State has not enacted and is not enforcing a Repeat Intoxicated Driver Law, then a state meets eligibility requirements. After being informed by NHTSA that it is subject to the penalty transfer eligible for a grant, the State submits to the agency a letter how the penalty funds will be distributed for use among alcohol-impaired driving programs and highway safety improvement program (HSIP) eligible activities under 23 U.S.C. 148.
What is the process for applying and being award this assistance?
Pre-Application Procedure
Preapplication coordination is required. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. Section 164 funds must be used solely for alcohol and/or drug-impaired driving countermeasures permissible under NHTSA Section 402 formula grant program or for FHWA's Highway Safety Improvement Program (SHIP) eligible activities (hazard elimination).
Application Procedure
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. NHTSA Office of Regional Operations and Program Delivery coordinates the program with the Federal Highway Administration. The program is eligible for coverage under Executive Order 12372, Intergovernmental Review of Federal Programs.
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
Not applicable.
Approval/Disapproval Decision Time
Not applicable.
Not applicable.
Not applicable.
How are proposals selected?
Not applicable.
How may assistance be used?
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.
What are the requirements after being awarded this opportunity?
Not applicable.
Not applicable.
The project sponsor shall retain records for 3 years following submission of a final expenditure report and other project deliverables.
Other Assistance Considerations
Formula and Matching Requirements
Statutory Formula: Title 23 Part 164

Matching requirements are not applicable to this assistance listing.

MOE requirements are not applicable to this assistance listing.
Length and Time Phasing of Assistance
The Federal share is reimbursed on claims submitted in vouchers covering costs incurred. All participants have converted to the electronic transfer of funds method of payment. Funds placed in obligation are available until expended. Method of awarding/releasing assistance: Lump.
Who do I contact about this opportunity?
Regional or Local Office
None/Not specified.
Headquarters Office
Barbara Sauers
1200 New Jersey Avenue, S.E., NRO-010
Washington, DC 20590 US
Phone: (202) 366-0144
Fax: (202) 366 7394
Website Address
Financial Information
Account Identification
(Formula Grants (Apportionments)) FY 22$78,982,213.00; FY 23 est $80,044,044.00; FY 24 est $0.00; FY 21$66,178,503.00; FY 20$61,160,916.00; FY 19$0.00; FY 18$62,207,643.00; FY 17$60,293,336.00; FY 16$0.00; -
Range and Average of Financial Assistance
FY 23 ranges were $879,427 - $40,966,061
Regulations, Guidelines and Literature
23 CFR 1270.
Examples of Funded Projects
Fiscal Year 2016 2016 Impaired Drivers’ violators courses, enforcing the state’s impaired driving laws, sobriety checkpoints, training in standardized field sobriety testing, and enforcement participation in the Driver Sober or Get Pulled Over crackdown over the Labor Day holiday.
Fiscal Year 2017 The California Office of Traffic safety awarded sub-grants to the California Department of Alcohol Beverage Control for alcohol education and awareness programs, which focused on middle school through college age students.
Fiscal Year 2018 This is a penalty transfer program for States with laws that do not conform with statutory requirements. States can use these transfer funds for any eligible Section 402 alcohol impaired driving countermeasures.
Fiscal Year 2019 Since this is a penalty transfer program for States that don't conform with statutory requirements, States used these transfer funds for any eligible Section 402 alcohol impaired driving countermeasures.
Fiscal Year 2021 Safer Highways Statewide (SHS): The California Highway Patrol will implement a 12-month statewide grant to combat fatal/injury crashes attributed to driving under the influence (DUI). Grant activities include sobriety/driver license checkpoints, DUI task force operations, proactive DUI patrol operations, and a broad public awareness campaign in an effort to decrease the number of alcohol-involved fatal and injury crashes and associated victims on California's highways.
Fiscal Year 2023 States use these funds for DUI task force operations, proactive DUI patrols, and broad public awareness campaigns in an effort to decrease the number of alcohol-involved fatal and injury crashes on their highways.


Federal Grants Resources