### §163. Safety incentives to prevent operation of motor vehicles by intoxicated persons

(a) General Authority.—The Secretary shall make a grant, in accordance with this section, to any State that has enacted and is enforcing a law that provides that any person with a blood alcohol concentration of 0.08 percent or greater while operating a motor vehicle in the State shall be deemed to have committed a per se offense of driving while intoxicated (or an equivalent per se offense).

(b) Grants.—For each fiscal year, funds authorized to carry out this section shall be apportioned to each State that has enacted and is enforcing a law meeting the requirements of subsection (a) in an amount determined by multiplying—

(1) the amount authorized to carry out this section for the fiscal year; by

(2) the ratio that the amount of funds apportioned to each such State under section 402 for such fiscal year bears to the total amount of funds apportioned to all such States under section 402 for such fiscal year.

(c) Use of Grants.—A State may obligate funds apportioned under subsection (b) for any project eligible for assistance under this title.

(d) Federal Share.—The Federal share of the cost of a project funded under this section shall be 100 percent.

(e) Penalty.—

(1) Fiscal years 2007 through 2011.—On October 1, 2006, and October 1 of each fiscal year thereafter through fiscal year 2011, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 8 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b).1

(2) Fiscal year 2012 and thereafter.—On October 1, 2011, and October 1 of each fiscal year thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 6 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b).

(3) Failure to comply.—If, within 4 years from the date that an apportionment for a State is withheld in accordance with this subsection, the Secretary determines that the State has enacted and is enforcing a law described in subsection (a), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, any State has not enacted or is not enforcing a law described in subsection (a) any amounts so withheld from such State shall lapse.

(f) Authorization of Appropriations.—

(1) In general.—There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $55,000,000 for fiscal year 1998, $65,000,000 for fiscal year 1999, $80,000,000 for fiscal year 2000, $90,000,000 for fiscal year 2001, $100,000,000 for fiscal year 2002, $110,000,000 for fiscal year 2003, $110,000,000 for fiscal year 2004, and $110,000,000 for fiscal year 2005 $91,315,068 for the period of October 1, 2004, through July 30, 2005.2

(2) Availability of funds.—Notwithstanding section 118(b), the funds authorized by this subsection shall remain available until expended.

(Added Pub. L. 105–178, title I, §1404(a), June 9, 1998, 112 Stat. 240; amended Pub. L. 108–88, §6(a)(2), Sept. 30, 2003, 117 Stat. 1119; Pub. L. 108–202, §6(b), Feb. 29, 2004, 118 Stat. 483; Pub. L. 108–224, §5(b), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263, §5(b), June 30, 2004, 118 Stat. 703; Pub. L. 108–280, §5(b), July 30, 2004, 118 Stat. 881; Pub. L. 108–310, §6(a)(2), Sept. 30, 2004, 118 Stat. 1152; Pub. L. 109–14, §5(a)(2), May 31, 2005, 119 Stat. 329; Pub. L. 109–20, §5(a)(2), July 1, 2005, 119 Stat. 351; Pub. L. 109–35, §5(a)(2), July 20, 2005, 119 Stat. 384; Pub. L. 109–37, §5(a)(2), July 22, 2005, 119 Stat. 399; Pub. L. 109–40, §5(a)(2), July 28, 2005, 119 Stat. 416; Pub. L. 109–59, title I, §1407(a), (b), Aug. 10, 2005, 119 Stat. 1231; Pub. L. 112–141, div. A, title I, §1404(i), July 6, 2012, 126 Stat. 559; Pub. L. 114–94, div. A, title I, §1446(a)(9), Dec. 4, 2015, 129 Stat. 1437.)

#### **Editorial Notes**

#### References in Text

Section 104, referred to in subsec. (e)(1), was amended generally by Pub. L. 112–141, div. A, title I, §1105(a), July 6, 2012, 126 Stat. 427.

#### Amendments

2015—Subsec. (f)(2). Pub. L. 114–94 substituted "118(b)" for "118(b)(2)".

2012—Subsec. (e)(1), (2). Pub. L. 112–141 added pars. (1) and (2) and struck out former pars. (1) and (2) which related to penalty generally and amount to be withheld, respectively.

2005—Subsec. (e). Pub. L. 109–59, §1407(a)(2), added subsec. (e). Former subsec. (e) redesignated (f).

Subsec. (e)(1). Pub. L. 109–40 substituted "$91,315,068 for the period of October 1, 2004, through July 30, 2005" for "$90,410,958 for the period of October 1, 2004, through July 27, 2005".

Pub. L. 109–37 substituted "$90,410,958 for the period of October 1, 2004, through July 27, 2005" for "$89,100,000 for the period of October 1, 2004, through July 21, 2005".

Pub. L. 109–35 substituted "$89,100,000 for the period of October 1, 2004, through July 21, 2005" for "$88,000,000 for the period of October 1, 2004, through July 19, 2005".

Pub. L. 109–20 substituted "$88,000,000 for the period of October 1, 2004, through July 19, 2005" for "$82,500,000 for the period of October 1, 2004, through June 30, 2005".

Pub. L. 109–14 substituted "$82,500,000 for the period of October 1, 2004, through June 30, 2005" for "$73,333,333 for the period of October 1, 2004, through May 31, 2005".

Subsec. (f). Pub. L. 109–59, §1407(a)(1), redesignated subsec. (e) as (f).

Subsec. (f)(1). Pub. L. 109–59, §1407(b), substituted "2004, and $110,000,000 for fiscal year 2005" for "2004, and".

2004—Subsec. (e)(1). Pub. L. 108–310 struck out "and" after "2003," and inserted ", and $73,333,333 for the period of October 1, 2004, through May 31, 2005" before period at end.

Pub. L. 108–280 substituted "$110,000,000 for fiscal year 2004" for "$100,000,000 for the period of October 1, 2003, through July 31, 2004".

Pub. L. 108–263 substituted "$100,000,000 for the period of October 1, 2003, through July 31, 2004" for "$90,000,000 for the period of October 1, 2003, through June 30, 2004".

Pub. L. 108–224 substituted "$90,000,000 for the period of October 1, 2003, through June 30, 2004" for "$70,000,000 for the period of October 1, 2003, through April 30, 2004".

Pub. L. 108–202 substituted "$70,000,000 for the period of October 1, 2003, through April 30, 2004" for "$50,000,000 for the period of October 1, 2003, through February 29, 2004".

2003—Subsec. (e)(1). Pub. L. 108–88 struck out "and" after "2002," and inserted before period at end ", and $50,000,000 for the period of October 1, 2003, through February 29, 2004".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

#### Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

#### Withholding of Funds for Failure To Enact and Enforce Laws Relating to Driving While Intoxicated

Pub. L. 106–346, §101(a) [title III, §351], Oct. 23, 2000, 114 Stat. 1356, 1356A–34, directed the Secretary to withhold a percentage, beginning in fiscal year 2004, of the amount required to be apportioned for Federal-aid highways to any State under former pars. (1), (3), and (4) of section 104(b) of this title, if a State had not enacted and was not enforcing a provision described in section 163(a) of this title, and provided for increase of the apportionment by an amount equal to such reduction if within 4 years from the date of the reduction the Secretary determined that such State had enacted and was enforcing a provision described in section 163(a) of this title, prior to repeal by Pub. L. 109–59, title I, §1407(c), Aug. 10, 2005, 119 Stat. 1231.

1 See References in Text note below.

2 So in original. The words "$91,315,068 for the period of October 1, 2004, through July 30, 2005" probably should not appear.