TEA-21 State Highway Safety Programs

Section 164 Repeat Offender Transfer Provision


History and Administration

The repeat offender transfer provisions were authorized under the Transportation Efficiency Act of the 21st Century (TEA-21). Federal responsibility for the transfer provisions rests with the National Highway Traffic Safety Administration (NHTSA) and the Federal Highway Administration (FHWA) jointly.

Requirements

States must enact a "repeat intoxicated driver law" or face consequences that are similar to those for the open container transfer provisions. The law must apply to anyone convicted of a second or subsequent DWI or DUI offense in any five-year period. (A state must retain DUI records for at least five years.) The law must include four sanctions:

  1. The law must impose a mandatory minimum one year driver's license suspension or revocation on all repeat offenders. The suspension must be a hard suspension with no hardship waivers and no interlocks.
  2. The law must require the impoundment or immobilization of the offender's vehicle or the imposition of an interlock. Interlocks can only be imposed after the one-year suspension period. Impoundment, immobilization or interlocks must apply to every vehicle owned by the offender.
  3. The law must require that all repeat offenders undergo a mandatory alcohol assessment and must authorize the imposition of treatment, if any, that is appropriate for the offender.
  4. The law must provide a mandatory minimum sentence of not less than five days of imprisonment or 30 days of community service for a second offense and 10 days of imprisonment or 60 days of community service for a third or subsequent offense.

The state laws must be enacted, in effect, and actively enforced. Enforcement must be primary.

States had until September 30, 2000 to enact a repeat offender law. If they had not done so by then, on October 1, 2000, 1.5% of National Highway System (NHS), Surface Transportation Program (STP) and Interstate Maintenance (IM) funds were transferred to the state's 402 program. Funds must be used for impaired driving programs. All or a portion of that amount can be transferred into the state's Hazard Elimination Progam (HEP). If a state was still noncompliant on October 1, 2001, 1.5% of the funds were transferred. 3% were transferred on October 1, 2002.