TEA-21 State Highway Safety Programs
Section 163 .08%
Incentive Grants
History and Administration
The Section 163 program, also known as Safety Incentives to Prevent
the Operation of Motor Vehicles by Intoxicated Persons, was authorized
by the Transportation Efficiency Act of the 21st Century (TEA-21). It
is administered at the federal level by the National Highway Traffic Safety Administration (NHTSA) and the Federal Highway Administration (FHWA). The funds are
apportioned to the state DOT and are administered by the state DOT, the
State Highway Safety Office (SHSO), or both, depending upon how they are spent.
Requirements
A state that has in effect and is enforcing a .08 law before the end
of the fiscal year is eligible to receive an incentive grant. The law
must be a per se* law.
Available funds are apportioned to eligible states based on the Section 402
apportionment formula. The federal share of funds is 100%. Funds can
be spent for any purpose under Title 23 of the U.S. Code (highway construction
and safety).
Funding
Current and Previous Fiscal Year Funding Levels >>
*The term per se means that the act is inherently illegal, without extrinsic proof of any surrounding circumstances such as scienter or other defenses. Acts are made illegal per se by statute, constitution, or case law.
