Title 23HighwaysRelease 119-73

§159 Revocation or suspension of drivers’ licenses of individuals convicted of drug offenses

Title 23 › Chapter CHAPTER 1— - FEDERAL-AID HIGHWAYS › § 159

Last updated Apr 6, 2026|Official source

Summary

The Secretary will hold back some highway money from a State if the State does not follow rules about taking away drivers’ licenses after drug convictions. Specifically, 10 percent of certain funds under section 104(b) will be withheld on the first day of each fiscal year that begins after the fourth calendar year following this section’s effective date if the State does not meet the rules. Also, 8 percent of other funds under section 104(b) will be withheld on the first day of each fiscal year beginning after September 30, 2011, if the State still does not meet the rules. A State meets the rules if it has a law that, except for rare exceptions, removes or suspends a person’s driver’s license for at least 6 months after a drug conviction and delays issuing or restoring a license for at least 6 months when the person had no license or a suspended license at the time of conviction. Instead of that law, a State may qualify if the Governor sends a written statement to the Secretary saying the State opposes such a law and the State legislature has passed a resolution saying the same. Money that is withheld cannot be given to that State. Definitions: “driver’s license” means a State-issued permit to drive on highways; “drug offense” covers crimes about illegal drugs or driving under the influence of such drugs; “convicted” includes juvenile adjudications.

Full Legal Text

Title 23, §159

Highways — Source: USLM XML via OLRC

(a)(1)The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) of section 104(b) on the first day of each fiscal year which begins after the fourth calendar year following the effective date of this section if the State does not meet the requirements of paragraph (3) on the first day of such fiscal year.
(2)The Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on the first day of each fiscal year beginning after September 30, 2011, if the State fails to meet the requirements of paragraph (3) on the first day of the fiscal year.
(3)A State meets the requirements of this paragraph if—
(A)the State has enacted and is enforcing a law that requires in all circumstances, or requires in the absence of compelling circumstances warranting an exception—
(i)the revocation, or suspension for at least 6 months, of the driver’s license of any individual who is convicted, after the enactment of such law, of—
(I)any violation of the Controlled Substances Act, or
(II)any drug offense; and
(ii)a delay in the issuance or reinstatement of a driver’s license to such an individual for at least 6 months after the individual applies for the issuance or reinstatement of a driver’s license if the individual does not have a driver’s license, or the driver’s license of the individual is suspended, at the time the individual is so convicted; or
(B)the Governor of the State—
(i)submits to the Secretary no earlier than the adjournment sine die of the first regularly scheduled session of the State’s legislature which begins after the effective date of this section a written certification stating that the Governor is opposed to the enactment or enforcement in the State of a law described in subparagraph (A), relating to the revocation, suspension, issuance, or reinstatement of drivers’ licenses to convicted drug offenders; and
(ii)submits to the Secretary a written certification that the legislature (including both Houses where applicable) has adopted a resolution expressing its opposition to a law described in clause (i).
(b)No funds withheld under this section from apportionments to any State shall be available for apportionment to that State.
(c)For purposes of this section—
(1)The term “driver’s license” means a license issued by a State to any individual that authorizes the individual to operate a motor vehicle on highways.
(2)The term “drug offense” means any criminal offense which proscribes—
(A)the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Controlled Substances Act; or
(B)the operation of a motor vehicle under the influence of such a substance.
(3)The term “convicted” includes adjudicated under juvenile proceedings.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the Transportation Equity Act for the 21st Century, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998. The

Effective Date

of this section, referred to in subsec. (a)(1), (3)(B)(i), is Nov. 5, 1990. See section 333(e) of Pub. L. 102–143, set out as a note below. The Controlled Substances Act, referred to in subsecs. (a)(3)(A)(i)(I) and (c)(2)(A), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see

Short Title

note set out under section 801 of Title 21 and Tables.

Amendments

2012—Subsec. (a)(1), (2). Pub. L. 112–141, § 1404(g)(1), designated par. (2) as (1), struck out “(including any amounts withheld under paragraph (1))” after “10 percent”, added par. (2), and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: “For each fiscal year the Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) of section 104(b) on the first day of each fiscal year which begins after the second calendar year following the

Effective Date

of this section if the State does not meet the requirements of paragraph (3) on such date.” Subsec. (b). Pub. L. 112–141, § 1404(g)(2), added subsec. (b) and struck out former subsec. (b) which related to period of availability of withheld funds and effects of compliance and noncompliance. 1998—Subsec. (a)(1), (2). Pub. L. 105–178, § 1103(l)(3)(E)(i), substituted “(5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) of” for “(5) of” before “section 104(b)”. Subsec. (b)(1)(A)(i). Pub. L. 105–178, § 1103(l)(3)(E)(ii)(I), substituted “section 104(b)(5)(A) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)” for “section 104(b)(5)(A)”. Subsec. (b)(1)(A)(ii). Pub. L. 105–178, § 1103(l)(3)(E)(ii)(II), substituted “section 104(b)(5)(B) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)” for “section 104(b)(5)(B)”. Subsec. (b)(1)(A)(iii). Pub. L. 105–178, § 1103(l)(3)(E)(i), substituted “(5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) of” for “(5) of” before “section 104(b)”. Subsec. (b)(3). Pub. L. 105–178, § 1103(l)(3)(E)(ii)(IV), substituted “section 104(b)(5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)” for “section 104(b)(5)” in concluding provisions. Subsec. (b)(3)(A). Pub. L. 105–178, § 1103(l)(3)(E)(ii)(I), substituted “section 104(b)(5)(A) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)” for “section 104(b)(5)(A)”. Subsec. (b)(3)(B). Pub. L. 105–178, § 1103(l)(3)(E)(ii)(III), substituted “(5)(B) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)” for “(5)(B)”. Subsec. (b)(4). Pub. L. 105–178, § 1103(l)(3)(E)(ii)(IV), substituted “section 104(b)(5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)” for “section 104(b)(5)”. 1992—Pub. L. 102–388 amended section generally, substituting “Beginning in fiscal year 1994” for “After second calendar year” as subsec. (a)(1) heading, “paragraphs (1), (3), and (5)” for “paragraphs (1), (2), (5), and (6)” in subsec. (a)(1) and (2), “Beginning in fiscal year 1996” for “After fourth calendar year” as subsec. (a)(2) heading, “paragraph (1), (3), or (5)” for “paragraph (1), (2), or (6)” in subsec. (b)(1)(A)(iii), and “paragraph (1), (3), or (5)(B)” for “paragraph (1), (2), (5)(B), or (6)” in subsec. (b)(3)(B).

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Effective Date

of 1992 Amendment Pub. L. 102–388, title III, § 327(b), Oct. 6, 1992, 106 Stat. 1550, provided that: “The

Amendments

made by subsection (a) of this section [amending this section] shall take effect November 5, 1990.”

Effective Date

Pub. L. 102–143, title III, § 333(e), Oct. 28, 1991, 105 Stat. 947, provided that: “The

Amendments

made by subsection (a) of this section [enacting this section] shall take effect November 5, 1990.” Study on State Compliance With Requirements for Revocation and Suspension of Drivers’ Licenses Pub. L. 102–240, title I, § 1094, Dec. 18, 1991, 105 Stat. 2025, provided that the Secretary would conduct a study of State efforts to comply with the provisions of this section relating to revocation and suspension of drivers’ licenses, and would transmit to Congress a report on the results of the study by Dec. 31, 1992.

Reference

Citations & Metadata

Citation

23 U.S.C. § 159

Title 23Highways

Last Updated

Apr 6, 2026

Release point: 119-73