‘‘(i) revocation of the individual’s driv-
er’s license for 6 months;
‘‘(ii) imposition of a $500 fine on the
individual; and
‘‘(iii) an assessment of the individual’s
degree of alcohol abuse and treatment, as
appropriate.
‘‘(B) In the case of the first conviction of
an individual for operating a motor vehicle with
a blood alcohol concentration of .16 or
greater—
‘‘(i) revocation of the individual’s driv-
er’s license for 6 months, or for 2 years if
the individual refused to take breath test
to determine the individual’s blood alcohol
concentration at the time of arrest;
‘‘(ii) imposition of a requirement on
the individual prohibiting the individual
from operating a motor vehicle with a
blood alcohol concentration of .05 or great-
er for 5 years;
‘‘(iii) impoundment or immobilization
of the individual’s motor vehicle for 30
days;
‘‘(iv) imposition of a requirement on
the individual requiring the installation of
an ignition interlock system on the individ-
ual’s motor vehicle for 180 days;
‘‘(v) imposition of a $750 fine on the
individual;
‘‘(vi) 10 days imprisonment of the in-
dividual or 60 days community service; and
‘‘(vii) an assessment of the individ-
ual’s degree of alcohol abuse and treat-
ment, as appropriate.
‘‘(C) Except as provided in subparagraph
(D), in the case of the second conviction of an
individual for operating a motor vehicle while
under the influence of alcohol—
‘‘(i) revocation of the individual’s driv-
er’s license for 1 year, or for 2 years if the
individual refused to take breath test to
determine the individual’s blood alcohol
concentration at the time of arrest;
‘‘(ii) imposition of a requirement on
the individual prohibiting the individual
from operating a motor vehicle with a
blood alcohol concentration of .05 or great-
er for 5 years;
‘‘(iii) impoundment or immobilization
of the individual’s motor vehicle for 60
days;
‘‘(iv) imposition of a requirement on
the individual requiring the installation of
an ignition interlock system on the individ-
ual’s motor vehicle for 1 year;
‘‘(v) imposition of a $1,000 fine on
the individual;
‘‘(vi) 10 days imprisonment of the in-
dividual or 60 days community service; and
‘‘(vii) an assessment of the individ-
ual’s degree of alcohol abuse and treat-
ment, as appropriate.
‘‘(D) In the case of the third or subsequent
conviction of an individual for operating a
motor vehicle while under the influence of alco-
hol or in the case of a second such conviction
if the individual’s first conviction was a convic-
tion described in subparagraph (B), permanent
revocation of the individual’s driver’s license.
A revocation pursuant to this paragraph shall not be
subject to any exception or condition, including an
exception or condition to avoid hardship to any indi-
vidual.
‘‘(c) PERIOD OF AVAILABILITY; EFFECT OF COMPLI-
ANCE AND NONCOMPLIANCE.—
‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD
FUNDS.—
‘‘(A) FUNDS WITHHELD ON OR BEFORE
SEPTEMBER
30, 
2004.—Any funds withheld
under subsection (b) from apportionment to any
State on or before September 30, 2004, shall
remain available until the end of the third fiscal
year following the fiscal year for which such
funds are authorized to be appropriated.
‘‘(B) FUNDS
WITHHELD
AFTER
SEP-
TEMBER
30, 2004.—No funds withheld under
this section from apportionment to any State
after September 30, 2004, shall be available for
apportionment to such State.
‘‘(2) APPORTIONMENT
OF
WITHHELD
FUNDS
AFTER COMPLIANCE.—If, before the last day of the
period for which funds withheld under subsection (b)
from apportionment are to remain available for ap-
portionment to a State under paragraph (1)(A), the
State meets the requirement of subsection (b)(3),
the Secretary shall, on the first day on which the
State meets such requirement, apportion to the
State the funds withheld under subsection (b) that
remain available for apportionment to the State.
‘‘(3) PERIOD
OF
AVAILABILITY
OF
SUBSE-
QUENTLY APPORTIONED FUNDS.—
‘‘(A) IN
GENERAL.—Any funds appor-
tioned pursuant to paragraph (2) shall remain
available for expenditure until the end of the
third fiscal year following the fiscal year in
which such funds are so apportioned.
‘‘(B) TREATMENT OF CERTAIN FUNDS.—
Any funds apportioned pursuant to paragraph
(2) that are not obligated at the end of the pe-
riod referred to in subparagraph (A) shall
lapse.
‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the
end of the period for which funds withheld under
subsection (b) from apportionment are available for
apportionment to a State under paragraph (1), the
State does not meet the requirement of subsection
(b)(3), such funds shall lapse.’’.
(b) CLERICAL AMENDMENT.—The item relating to
section 164 in the analysis for such chapter is amended
to read as follows:
‘‘164. National minimum sentences for individuals convicted of operating motor
vehicles while under the influence of alcohol.’’.
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