A bill to amend title 23, United States Code, to increase penalties for individuals who operate motor vehicles while intoxicated or under the influence of alcohol.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Higher-Risk Impaired Driver Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Of the total 42,850 people who died in motor vehicle 
        traffic crashes in the United States during 2002, alcohol-
        related traffic deaths accounted for 42 percent--preliminary 
        data shows that 17,970 people died in these crashes.
            (2) Alcohol-related traffic fatalities in the United States 
        have been rising since 1999.
            (3) About one-third of all drivers arrested or convicted of 
        driving under the influence are repeat offenders.
            (4) A report released by the alcohol industry showed that 
        58 percent of alcohol-related traffic fatalities in 2001 
        involved drivers with a blood alcohol concentration level of 
        .15 percent and above.
            (5) Research funded by the alcohol industry has concluded 
        that repeat offenders of alcohol-impaired driving laws and 
        first offenders with high blood alcohol concentration (BAC) 
        levels are at greatest risk of committing a subsequent drunk 
        driving offense.
            (6) It should be the policy of the federal government, 
        among other aims, to target these repeat offenders and high BAC 
        level offenders to help reduce the risk of fatality due to 
        alcohol-impaired driving.

SEC. 3. INCREASED PENALTIES.

    (a) In General.--Chapter I of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 165. Increased penalties for higher risk drivers for driving 
              while intoxicated or driving under the influence
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Blood alcohol concentration.--The term `blood alcohol 
        concentration' means grams of alcohol per 100 milliliters of 
        blood or the equivalent grams of alcohol per 210 liters of 
        breath.
            ``(2) Driving while intoxicated; driving under the 
        influence.--The terms `driving while intoxicated' and `driving 
        under the influence' mean driving or being in actual physical 
        control of a motor vehicle while having a blood alcohol 
        concentration above the permitted limit as established by each 
        State.
            ``(3) License suspension.--The term `license suspension' 
        means the suspension of all driving privileges.
            ``(4) Motor vehicle.--The term `motor vehicle' means a 
        vehicle driven or drawn by mechanical power and manufactured 
        primarily for use on public highways but does not include a 
        vehicle operated solely on a rail line or a commercial vehicle.
            ``(5) Higher-risk impaired driver law.--
                    ``(A) The term `higher-risk impaired driver law' 
                means a State law that provides, as a minimum penalty, 
                that an individual described in subparagraph (B) 
                shall--
                            ``(i) receive a driver's license suspension 
                        for not less than 1 year, including a complete 
                        ban on driving for not less than 90 days and 
                        for the remainder of the license suspension 
                        period and prior to the issuance of a 
                        probational hardship or work permit license, be 
                        required to install a certified alcohol 
                        ignition interlock device;
                            ``(ii) have the motor vehicle driven at the 
                        time of arrest impounded or immobilized for not 
                        less than 90 days and for the remainder of the 
                        license suspension period require the 
                        installation of a certified alcohol ignition 
                        interlock device on the vehicle;
                            ``(iii) be subject to an assessment by a 
                        certified substance abuse official of the State 
                        that assesses the individual's degree of abuse 
of alcohol and assigned to a treatment program or impaired driving 
education program as determined by the assessment;
                            ``(iv) be imprisoned for not less than 10 
                        days, have an electronic monitoring device for 
                        not less than 100 days, or be assigned to a 
                        DUI/DWI specialty facility for not less than 30 
                        days;
                            ``(v) be fined a minimum of $1,000, with 
                        the proceeds of such funds to be used by the 
                        State or local jurisdiction for impaired 
                        driving related prevention, enforcement, and 
                        prosecution programs, or for the development or 
                        maintenance of a tracking system of offenders 
                        driving while impaired;
                            ``(vi) if the arrest resulted from 
                        involvement in a crash, pay court-mandated 
                        restitution to the victims of the crash;
                            ``(vii) be placed on probation by the court 
                        for a period of not less than 2 years;
                            ``(viii) if diagnosed with a substance 
                        abuse problem, during the first year of the 
                        probation period referred to in clause 
(vii), attend a treatment program for a period of 12 consecutive months 
sponsored by a State certified substance abuse treatment agency and 
meet with a case manager at least once each month; and
                            ``(ix) be required by the court to attend a 
                        victim impact panel, if such a panel is 
                        available.
                    ``(B) An individual referred to in subparagraph (A) 
                is an individual who--
                            ``(i) is convicted of a second or 
                        subsequent offense for driving while 
                        intoxicated or driving under the influence 
                        within a minimum of 5 consecutive years;
                            ``(ii) is convicted of a driving while 
                        intoxicated or driving under the influence with 
                        a blood alcohol concentration of 0.15 percent 
                        or greater;
                            ``(iii) is convicted of a driving-while-
                        suspended offense if the suspension was the 
                        result of a conviction for driving under the 
                        influence; or
                            ``(iv) refuses a blood alcohol 
                        concentration test while under arrest or 
                        investigation for involvement in a fatal or 
                        serious injury crash.
            ``(6) Special dui/dwi facility.--The term `special DUI/DWI 
        facility' means a facility that houses and treats offenders 
        arrested for driving while impaired and allows such offenders 
        to work and/or attend school.
            ``(7) Victim impact panel.--The term `victim impact panel' 
        means a group of impaired driving victims who speak to 
        offenders about impaired driving. The purpose of the panel is 
        to change attitudes and behaviors in order to deter impaired 
        driving recidivism.
    ``(b) Withholding of Funds.--
            ``(1) Fiscal year 2008.--On October 1, 2007, if a State has 
        not enacted or is not enforcing a higher-risk impaired driver 
        law, the Secretary shall withhold 2 percent of the amount 
        required to be apportioned for Federal-aid highways to the 
        State on that date under each of paragraphs (1), (3), and (4) 
        of section 104(b).
            ``(2) Fiscal year 2009.--On October 1, 2008, if a State has 
        not enacted or is not enforcing a higher-risk impaired driver 
        law, the Secretary shall withhold 4 percent of the amount 
        required to be apportioned for Federal-aid highways to the 
        State on that date under each of paragraphs (1), (3), and (4) 
        of section 104(b).
            ``(3) Fiscal year 2010.--On October 1, 2009, if a State has 
        not enacted or is not enforcing a higher-risk impaired driver 
        law, the Secretary shall withhold 6 percent of the amount 
        required to be apportioned for Federal-aid highways to the 
        State on that date under each of paragraphs (1), (3), and (4) 
        of section 104(b).
            ``(4) Fiscal year 2011.--On October 1, 2010, and on October 
        1 of each year thereafter, if a State has not enacted or is not 
        enforcing a higher-risk impaired driving law, the Secretary 
        shall withhold 8 percent of the amount required to be 
        apportioned for Federal-aid highways to the State on that date 
        under each of paragraphs (1), (3), and (4) of section 
        104(b).''.

Summary: Higher-Risk Impaired Driver Act - Requires the Secretary of Transportation to withhold an increasing percentage of a State's Federal-aid highway funds if the State has not enacted or is not enforcing a higher risk impaired driver law. Defines such a law as one that provides certain minimum penalties for: (1) a second or subsequent offense of driving while intoxicated (DWI) or driving under the influence (DUI) within a minimum of five consecutive years, of DWI or DUI with a blood alcohol concentration of .15 percent or greater, or of driving-while-suspended if the suspension was the result of a DUI conviction. Or (2) refusing a blood alcohol concentration test while under arrest or investigation for involvement in a fatal or serious injury crash. Includes among such penalties: (1) driver's license suspension, (2) motor vehicle impoundment or immobilization. (3) assessment by a certified substance abuse official and assignment to treatment. (4) imprisonment, attachment of an electronic monitoring device, or assignment to a DUIDWI specialty facility, (5) a $1,000 fine, (6) payment of court-mandated restitution, (7) probation. And (8) required attendance of a treatment program and a victim impact panel.