Drunk Driving Repeat Offender Prevention Act of 2013

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. Short title This Act may be cited as the Drunk Driving Repeat Offender Prevention Act of 2013 2. Use of ignition interlock devices to prevent repeat intoxicated driving (a) In general Chapter 1 of title 23, United States Code, is amended by inserting after section 159 the following: 160. Use of ignition interlock devices to prevent repeat intoxicated driving (a) Definitions In this section: (1) Alcohol concentration The term alcohol concentration (2) Driving while intoxicated; driving under the influence The terms driving while intoxicated driving under the influence (3) Ignition interlock device The term ignition interlock device (4) Motor vehicle (A) In general The term motor vehicle (B) Exclusions The term motor vehicle (i) a vehicle operated solely on a rail line; or (ii) a commercial vehicle. (b) Laws requiring ignition interlock devices (1) In general Subject to paragraph (2), a State meets the requirements of this subsection if the State has enacted and is enforcing a law that requires throughout the State the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual who is convicted of driving while intoxicated or driving under the influence. (2) Exception The 180-day period referred to in paragraph (1) for the installation of an ignition interlock device may be reduced to period of not fewer than 90 days, if— (A) the driver’s licence of the individual is suspended for a minimum of 180 days as a result of the conviction; and (B) the period for the installation of an ignition interlock device begins after the last day of the suspension. (c) Withholding of funds for noncompliance (1) Fiscal year 2016 On October 1, 2015, the Secretary shall withhold 1 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). (2) Fiscal year 2017 On October 1, 2016, the Secretary shall withhold 3 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). (3) Fiscal year 2018 and thereafter On October 1, 2017, and on October 1 of each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). (d) Period of availability of withheld funds; effect of compliance and noncompliance (1) Period of availability of withheld funds Any funds withheld under subsection (c) from apportionment to a State shall remain available for apportionment to the State until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. (2) Apportionment of withheld funds after compliance If, before the last day of the period for which funds withheld under subsection (c) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (b), the Secretary shall, on the first day on which the State meets the requirements of subsection (b), apportion to the State the funds withheld under subsection (c) that remain available for apportionment to the State. (3) Period of availability of subsequently apportioned funds Any funds apportioned pursuant to paragraph (2)— (A) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned; and (B) if not apportioned at the end of that period, shall lapse. (4) Effect of noncompliance If, at the end of the period for which funds withheld under subsection (c) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (b), the funds shall lapse. . (b) Conforming amendment The analysis for such chapter is amended by inserting after the item relating to section 159 the following: Sec. 160. Use of ignition interlock devices to prevent repeat intoxicated driving. .

Summary: Drunk Driving Repeat Offender Prevention Act of 2013 - Directs the Secretary of Transportation (DOT) to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway funds for FY2016-FY2018 if the state has not enacted and is not enforcing a law requiring the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual convicted of driving while intoxicated or driving under the influence (having a blood alcohol concentration of 0.08% or greater). Authorizes reduction of the 180-day period to 90 days if: (1) the driver's license is suspended for a minimum of 180 days as a result of the conviction, and (2) the period for installation of an ignition interlock device begins after the last day of the suspension.