I 

113TH CONGRESS 

1ST SESSION H. R. 1665 

To amend title 23, United States Code, to withhold highway funds from 

States that do not have in effect laws requiring the use of ignition 

interlock devices to prevent repeat intoxicated driving, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 23, 2013 

Mr. ENGEL introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To amend title 23, United States Code, to withhold highway 

funds from States that do not have in effect laws requiring the use of ignition interlock devices to prevent repeat 

intoxicated driving, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drunk Driving Repeat 

5 Offender Prevention Act of 2013’’. 


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1 SEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PRE2 VENT REPEAT INTOXICATED DRIVING. 

3 (a) IN GENERAL.—Chapter 1 of title 23, United 

4 States Code, is amended by inserting after section 159 the 

5 following: 

6 ‘‘§ 160. Use of ignition interlock devices to prevent re7 peat intoxicated driving 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) ALCOHOL CONCENTRATION.—The term 

10 ‘alcohol concentration’ means grams of alcohol per 

11 100 milliliters of blood or grams of alcohol per 210 

12 liters of breath. 

13 ‘‘(2) DRIVING WHILE INTOXICATED; DRIVING

14 UNDER THE INFLUENCE.—The terms ‘driving while 

15 intoxicated’ and ‘driving under the influence’ mean 

16 driving or being in actual physical control of a motor 

17 vehicle in a State while having a blood alcohol con18 centration of 0.08 percent or greater. 

19 ‘‘(3) IGNITION INTERLOCK DEVICE.—The term 

20 ‘ignition interlock device’ means an in-vehicle device 

21 that requires a driver to provide a breath sample 

22 prior to the motor vehicle starting, and that prevents 

23 a motor vehicle from starting if the alcohol con24 centration of the driver is above the legal limit. 

25 ‘‘(4) MOTOR VEHICLE.— 


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1 ‘‘(A) IN GENERAL.—The term ‘motor vehi2 cle’ means a vehicle driven or drawn by me3 chanical power and manufactured primarily for 

4 use on public highways. 

5 ‘‘(B) EXCLUSIONS.—The term ‘motor vehi6 cle’ does not include— 

7 ‘‘(i) a vehicle operated solely on a rail 

8 line; or 

9 ‘‘(ii) a commercial vehicle. 

10 ‘‘(b) LAWS REQUIRING IGNITION INTERLOCK DE11 VICES.— 

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

13 State meets the requirements of this subsection if 

14 the State has enacted and is enforcing a law that re15 quires throughout the State the installation of an ig16 nition interlock device for a minimum of 180 days 

17 on each motor vehicle operated by an individual who 

18 is convicted of driving while intoxicated or driving 

19 under the influence. 

20 ‘‘(2) EXCEPTION.—The 180-day period referred 

21 to in paragraph (1) for the installation of an ignition 

22 interlock device may be reduced to period of not 

23 fewer than 90 days, if— 


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1 ‘‘(A) the driver’s licence of the individual is 

2 suspended for a minimum of 180 days as a re3 sult of the conviction; and 

4 ‘‘(B) the period for the installation of an 

5 ignition interlock device begins after the last 

6 day of the suspension. 

7 ‘‘(c) WITHHOLDING OF FUNDS FOR NONCOMPLI8 ANCE.— 

9 ‘‘(1) FISCAL YEAR 2016.—On October 1, 2015, 

10 the Secretary shall withhold 1 percent of the amount 

11 required to be apportioned to a State under each of 

12 paragraphs (1) and (2) of section 104(b) if the State 

13 does not meet the requirements of subsection (b). 

14 ‘‘(2) FISCAL YEAR 2017.—On October 1, 2016, 

15 the Secretary shall withhold 3 percent of the amount 

16 required to be apportioned to a State under each of 

17 paragraphs (1) and (2) of section 104(b) if the State 

18 does not meet the requirements of subsection (b). 

19 ‘‘(3) FISCAL YEAR 2018 AND THEREAFTER.—On 

20 October 1, 2017, and on October 1 of each fiscal 

21 year thereafter, the Secretary shall withhold 5 per22 cent of the amount required to be apportioned to a 

23 State under each of paragraphs (1) and (2) of sec24 tion 104(b) if the State does not meet the require25 ments of subsection (b). 


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1 ‘‘(d) PERIOD OF AVAILABILITY OF WITHHELD

2 FUNDS; EFFECT OF COMPLIANCE AND NONCOMPLI3 ANCE.— 

4 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

5 FUNDS.—Any funds withheld under subsection (c) 

6 from apportionment to a State shall remain available 

7 for apportionment to the State until the end of the 

8 third fiscal year following the fiscal year for which 

9 the funds are authorized to be appropriated. 

10 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

11 AFTER COMPLIANCE.—If, before the last day of the 

12 period for which funds withheld under subsection (c) 

13 from apportionment are to remain available for ap14 portionment to a State under paragraph (1), the 

15 State meets the requirements of subsection (b), the 

16 Secretary shall, on the first day on which the State 

17 meets the requirements of subsection (b), apportion 

18 to the State the funds withheld under subsection (c) 

19 that remain available for apportionment to the 

20 State. 

21 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE22 QUENTLY APPORTIONED FUNDS.—Any funds appor23 tioned pursuant to paragraph (2)— 

24 ‘‘(A) shall remain available for expenditure 

25 until the end of the third fiscal year following 


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1 the fiscal year in which the funds are so appor2 tioned; and 

3 ‘‘(B) if not apportioned at the end of that 

4 period, shall lapse. 

5 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the 

6 end of the period for which funds withheld under 

7 subsection (c) from apportionment are available for 

8 apportionment to a State under paragraph (1), the 

9 State does not meet the requirements of subsection 

10 (b), the funds shall lapse.’’. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

12 such chapter is amended by inserting after the item relat13 ing to section 159 the following: 

‘‘Sec. 160. Use of ignition interlock devices to prevent repeat intoxicated driving.’’. 

Æ 


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