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®: CRE Regulatory Action of the Week

NHTSA and FHWA Make Final Ruling on Repeat Intoxicated Driver Law

This ruling is the result of the addition to the Transportation Equity Act for the 21st Century (TEA 21) of section 164 which established the policy mentioned above of transferring a percentage of a State's Federal-aid highway construction funds to the State's apportionment. The criteria for implementing the transfer would be "if the State fails to enact and enforce a conforming 'repeat intoxicated driver' law that provides for certain specified minimum penalties for persons who have been convicted of driving while intoxicated or under the influence upon their second and subsequent convictions." The rule also specifies that the funds are to be used "for alcohol-impaired driving countermeasures or the enforcement of driving while intoxicated (DWI) laws, or States may elect instead to use all or a portion of the funds for hazard elimination activities."

The specifics of the Repeat Intoxicated Driver Law Program are as follows. If a State fails to meet the statutory requirements of the "repeat intoxicated driver" law on October 1, 2000 or October 1, 2001, one and one-half percent of the funds apportioned to the State will be transferred. If a State fails to meet the statutory requirements on October 1, 2002 or October 1 of any subsequent year, three percent of the funds apportioned to the State will be transferred.

In order to avoid the transfer of funds, a State needs to enact and enforce laws that establish certain specified penalties for individuals with second or subsequent convictions for driving while intoxicated. According to the new rule, these penalties include, "a one-year driver's license suspension; the impoundment or immobilization of, or the installation of an ignition interlock system on, the repeat intoxicated driver's motor vehicles; assessment of the repeat intoxicated driver's degree of alcohol abuse, and treatment as appropriate; and the sentencing of the repeat intoxicated driver to a minimum number of days of imprisonment or community service."

Click here to read full notice in the Federal Register.

CRE invites all interested parties to submit comments on these issues to CRE's Interactive Public Docket.

Please click below to submit comments regarding the Final Ruling on Repeat Intoxicated Driver Law.

Final Ruling on Repeat Intoxicated Driver Law: Interactive Public Docket

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