I 
111TH CONGRESS 
2D SESSION 
H. R. 4891 
To amend chapter 1 of title 23, United States Code, to condition the receipt 
of certain highway funding by States on the enactment and enforcement 
by States of certain laws to prevent repeat intoxicated driving. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 19, 2010 
Mr. EHLERS introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To amend chapter 1 of title 23, United States Code, to 
condition the receipt of certain highway funding by 
States on the enactment and enforcement by States of 
certain laws to prevent repeat intoxicated driving. 
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 ‘‘Drunk Driving Repeat 
Offender Prevention Act of 2010’’. 
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SEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PRE-
VENT REPEAT INTOXICATED DRIVING. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 167. Use of ignition interlock devices to prevent re-
peat intoxicated driving 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ALCOHOL
CONCENTRATION.—The term 
‘alcohol concentration’ means grams of alcohol per 
100 milliliters of blood or 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 in a State while having an alcohol concentra-
tion above the permitted limit as established by the 
State. 
‘‘(3) IGNITION INTERLOCK DEVICE.—The term 
‘ignition interlock device’ means an in-vehicle device 
that requires a driver to provide a breath sample 
prior to the motor vehicle starting, and that prevents 
a motor vehicle from starting if the alcohol con-
centration of the driver is above the legal limit. 
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‘‘(4) MOTOR VEHICLE.— 
‘‘(A) IN GENERAL.—The term ‘motor vehi-
cle’ means a vehicle driven or drawn by me-
chanical power and manufactured primarily for 
use on public highways. 
‘‘(B) EXCLUSIONS.—The term ‘motor vehi-
cle’ does not include— 
‘‘(i) a vehicle operated solely on a rail 
line; or 
‘‘(ii) a commercial vehicle. 
‘‘(b) LAWS REQUIRING IGNITION INTERLOCK DE-
VICES.—A State meets the requirements of this subsection 
if the State has enacted and is enforcing a law that re-
quires 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 driv-
ing while intoxicated or driving under the influence. 
‘‘(c) WITHHOLDING
OF FUNDS
FOR NONCOMPLI-
ANCE.— 
‘‘(1) FISCAL YEAR 2013.—On October 1, 2012, 
the Secretary shall withhold 1 percent of the amount 
required to be apportioned to a State under each of 
sections 104(b)(1), 104(b)(3), and 104(b)(4) if the 
State does not meet the requirements of subsection 
(b). 
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‘‘(2) FISCAL YEAR 2014.—On October 1, 2013, 
the Secretary shall withhold 3 percent of the amount 
required to be apportioned to a State under each of 
sections 104(b)(1), 104(b)(3), and 104(b)(4) if the 
State does not meet the requirements of subsection 
(b). 
‘‘(3) FISCAL YEAR 2015 AND THEREAFTER.—On 
October 1, 2014, and on October 1 of each fiscal 
year thereafter, the Secretary shall withhold 5 per-
cent of the amount required to be apportioned to a 
State under each of sections 104(b)(1), 104(b)(3), 
and 104(b)(4) if the State does not meet the re-
quirements of subsection (b). 
‘‘(d) PERIOD
OF
AVAILABILITY
OF
WITHHELD 
FUNDS; EFFECT
OF COMPLIANCE
AND NONCOMPLI-
ANCE.— 
‘‘(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) 
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(b) CONFORMING AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘Sec. 167. Use of ignition interlock devices to prevent repeat intoxicated driv-
ing.’’. 
Æ 
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