I
107TH CONGRESS
2D SESSION
H. R. 4976
To amend title 23, United States Code, to increase penalties for individuals
who operate motor vehicles while intoxicated or under the influence of alcohol.
IN THE HOUSE OF REPRESENTATIVES
JUNE 20, 2002
Mrs. LOWEY introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To amend title 23, United States Code, to increase penalties
for individuals who operate motor vehicles while intoxi-
cated or under the influence of alcohol.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Burton Greene Higher-
Risk Impaired Driver Act’’.
SEC. 2. INCREASED PENALTIES.
(a) IN GENERAL.—Chapter I of title 23, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 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 vehi-
cle’ 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 min-
imum penalty, that an individual described in
subparagraph (B) shall—
‘‘(i) receive a driver’s license suspen-
sion for not less than 1 year, including a
complete ban on driving for not less than
90 days and for the remainder of the li-
cense suspension period and prior to the
issuance of a probational hardship or work
permit license, be required to install a cer-
tified alcohol ignition interlock device;
‘‘(ii) have the motor vehicle driven at
the time of arrest impounded or immo-
bilized for not less than 90 days and for
the remainder of the license suspension pe-
riod require the installation of a certified
alcohol ignition interlock device on the ve-
hicle;
‘‘(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 treat-
ment program or impaired driving edu-
cation program as determined by the as-
sessment;
‘‘(iv) be imprisoned for not less than
10 days, have an electronic monitoring de-
vice for not less than 100 days, or be as-
signed 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 im-
paired driving related prevention, enforce-
ment, and prosecution programs, or for the
development or maintenance of a tracking
system of offenders driving while impaired;
‘‘(vi) if the arrest resulted from in-
volvement in a crash, the court shall re-
quire 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 at-
tend a victim impact panel, if such a panel
is available.
‘‘(B) An individual referred to in subpara-
graph (A) is an individual who—
‘‘(i) is convicted of a second or subse-
quent offense for driving while intoxicated
or driving under the influence within a
minimum of 5 consecutive years;
‘‘(ii) is convicted of a driving while in-
toxicated 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 con-
centration test while under arrest or inves-
tigation for involvement in a fatal or seri-
ous 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 vic-
tims who speak to offenders about impaired driving.
The purpose of the panel is to change attitudes and
behaviors in order to deter impaired driving recidi-
vism.
‘‘(b) TRANSFER OF FUNDS.—
‘‘(1) FISCAL YEAR 2006.—Beginning on October
1, 2006, if a State has not enacted or is not enforc-
ing a higher risk impaired driver law, the Secretary
shall transfer an amount equal to 2 percent of the
funds apportioned to the State on that date under
each of paragraphs (1), (3), and (4) of section
104(b) to the apportionment of the State under sec-
tion 402 solely for impaired driving programs.
‘‘(2) FISCAL YEAR 2007.—On October 1, 2007,
if a State has not enacted or is not enforcing a high-
er-risk impaired driver law, the Secretary shall
transfer an amount equal to 4 percent of the funds
apportioned to the State on that date under each of
paragraphs (1), (3), and (4) of section 104(b) to the
apportionment of the State under section 402 to be
used or directed as described in paragraph (1).
‘‘(3) FISCAL YEAR 2008.—On October 1, 2008,
if a State has not enacted or is not enforcing a high-
er-risk impaired driver law, the Secretary shall
transfer an amount equal to 6 percent of the funds
apportioned to the State on that date under each of
paragraphs (1), (3), and (4) of section 104(b) to the
apportionment of the State under section 402 to be
used or directed as described in paragraph (1).
‘‘(4) DERIVATION OF AMOUNT TO BE TRANS-
FERRED.—The amount to be transferred under
paragraph (1), (2), or (3) may be derived from 1 or
more of the following:
‘‘(A) The apportionment of the State
under section 104(b)(1).
‘‘(B) The apportionment of the State
under section 104(b)(3).
‘‘(C) The apportionment of the State
under section 104(b)(4).
‘‘(5) TRANSFER OF OBLIGATION AUTHORITY.—
‘‘(A) IN GENERAL.—If the Secretary trans-
fers under this subsection any funds to the ap-
portionment of a State under section 402 for a
fiscal year, the Secretary shall transfer an
amount, determined under subparagraph (B),
of obligation authority distributed for the fiscal
year to the State for carrying out impaired
driving programs authorized under section 402.
‘‘(B) AMOUNT.—The amount of obligation
authority referred to in subparagraph (A) shall
be determined by multiplying—
‘‘(i) the amount of funds transferred
under subparagraph (A) to the apportion-
ment of the State under section 402 for
the fiscal year; by
‘‘(ii) the ratio that—
‘‘(I) the amount of obligation au-
thority distributed for the fiscal year
to the State for Federal-aid highways
and highway safety construction pro-
grams; bears to
‘‘(II) the total of the sums appor-
tioned to the State for Federal-aid
highways and highway safety con-
struction programs (excluding sums
not subject to any obligation limita-
tion) for the fiscal year.
‘‘(7) LIMITATION ON APPLICABILITY OF OBLI-
GATION
LIMITATION.—Notwithstanding any other
provision of law, no limitation on the total of obliga-
tions for highway safety programs under section 402
shall apply to funds transferred under this sub-
section to the apportionment of a State under such
section.
‘‘(c) WITHHOLDING OF FUNDS.—
‘‘(1) FISCAL YEAR 2009.—On October 1, 2008,
if a State has not enacted or is not enforcing a high-
er-risk impaired driver law, the Secretary shall with-
hold 2 percent of the amount required to be appor-
tioned 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 2010.—On October 1, 2009,
if a State has not enacted or is not enforcing a high-
er-risk impaired driver law, the Secretary shall with-
hold 4 percent of the amount required to be appor-
tioned 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 2011.—On October 1, 2010,
if a State has not enacted or is not enforcing a high-
er-risk impaired driver law, the Secretary shall with-
hold 6 percent of the amount required to be appor-
tioned for Federal-aid highways to the State on that
date under each of paragraphs (1), (3), and (4) of
section 104(b).
‘‘(4) COMPLIANCE.—Not later than 4 years
after the date that the apportionment for any State
is reduced in accordance with this section the Sec-
retary determines that such State has enacted and
is enforcing a provision described in section 163(a),
the apportionment of such State shall be increased
by an amount equal to such reduction. If at the end
of such 4-year period, any State has not enacted and
is not enforcing a provision described in section
163(a) any amounts so withheld shall be transferred
to carry out impaired driving programs authorized
under section 402.
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