§161 Operation of motor vehicles by intoxicated minors

Summary

The Secretary will hold back federal highway money from any State that does not have a law treating a person under the age of 21 with a blood alcohol concentration of 0.02 percent or greater while driving as driving while intoxicated or under the influence of alcohol. On October 1, 1999, and on October 1 of each year through fiscal year 2011, the Secretary must withhold 10 percent of the amounts to be paid to a State under paragraphs (1), (3), and (4) of section 104(b). On October 1, 2011, and each October 1 after that, the Secretary must withhold 8 percent of the amounts to be paid under paragraphs (1) and (2) of section 104(b) if the State still lacks the law. Money held back on or before September 30, 2000 stays available until the end of the third fiscal year after the year it was meant for. Money held back after that date is not available for the State. If a State adopts and enforces the required law before the withheld funds expire, the Secretary will give the remaining available withheld funds to the State on the first day the State meets the rule. Funds given to the State then can be spent until the end of the third fiscal year after they were given. If the State still does not meet the rule when the availability period ends, the withheld funds lapse.