§164 Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence

2021—Subsec. (b)(1)(A). Pub. L. 117–58, § 24107(1), substituted “alcohol- or multiple substance-impaired” for “alcohol-impaired”. Subsec. (b)(1)(B). Pub. L. 117–58, § 24107(2), substituted “intoxicated, driving while multiple substance-impaired, or driving” for “intoxicated or driving” and “alcohol- or multiple substance-impaired” for “alcohol-impaired”. Subsec. (b)(2). Pub. L. 117–58, § 11131(b)(1), substituted “2022” for “2012” in heading. Subsec. (b)(2)(A). Pub. L. 117–58, § 11131(b)(2), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “On

October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the States will use those reserved funds among the uses authorized under subparagraphs (A) and (B) of paragraph (1), and paragraph (3).” Subsec. (b)(2)(B). Pub. L. 117–58, § 11131(b)(3), substituted “subparagraph (A)(i)” for “subparagraph (A)” in introductory provisions. 2015—Subsec. (a)(1) to (4). Pub. L. 114–94, § 1414(1), (2), added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 114–94, § 1414(1), (3)(A), redesignated par. (4) as (5) and inserted “or combination of laws or programs” after “State law” in introductory provisions. Subsec. (a)(5)(A). Pub. L. 114–94, § 1414(3)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “receive— “(i) a suspension of all driving privileges for not less than 1 year; or “(ii) a suspension of unlimited driving privileges for 1 year, allowing for the reinstatement of limited driving privileges subject to restrictions and limited exemptions as established by State law, if an ignition interlock device is installed for not less than 1 year on each of the motor vehicles owned or operated, or both, by the individual;”. Subsec. (a)(5)(B). Pub. L. 114–94, § 1414(3)(C), (D), redesignated subpar. (C) as (B) and struck out former subpar. (B), which read as follows: “be subject to the impoundment or immobilization of, or the installation of an ignition interlock system on, each motor vehicle owned or operated, or both, by the individual;”. Subsec. (a)(5)(C). Pub. L. 114–94, § 1414(3)(D), redesignated subpar. (D) as (C). Former subpar. (C) redesignated (B). Subsec. (a)(5)(C)(i)(II). Pub. L. 114–94, § 1414(3)(E)(i), inserted before semicolon “(unless the State certifies that the general practice is that such an individual will be incarcerated)”. Subsec. (a)(5)(C)(ii)(II). Pub. L. 114–94, § 1414(3)(E)(ii), inserted before period at end “(unless the State certifies that the general practice is that such an individual will receive 10 days of incarceration)”. Subsec. (a)(6). Pub. L. 114–94, § 1414(4), added par. (6). Subsec. (b)(3)(A). Pub. L. 114–94, § 1446(a)(10)(A), substituted “reserved” for “transferred”. Subsec. (b)(5). Pub. L. 114–94, § 1446(a)(10)(B), inserted “or released” after “transferred” in introductory provisions. 2012—Subsec. (a)(3). Pub. L. 112–141, § 1403(a)(1), (2), redesignated par. (4) as (3) and struck out former par. (3) which defined “license suspension”. Subsec. (a)(4). Pub. L. 112–141, § 1403(a)(2), (3), redesignated par. (5) as (4), added subpar. (A), and struck out former subpar. (A) which read as follows: “receive— “(i) a driver’s license suspension for not less than 1 year; or “(ii) a combination of suspension of all driving privileges for the first 45 days of the suspension period followed by a reinstatement of limited driving privileges for the purpose of getting to and from work, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual;”. Former par. (4) redesignated (3). Subsec. (a)(5). Pub. L. 112–141, § 1403(a)(2), redesignated par. (5) as (4). Subsec. (b)(2). Pub. L. 112–141, § 1403(b)(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “On

October 1, 2002, and each October 1 thereafter, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall transfer an amount equal to 3 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 subparagraph (A) or (B) of paragraph (1).” Subsec. (b)(3). Pub. L. 112–141, § 1403(b)(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “A State may elect to use all or a portion of the funds transferred under paragraph (1) or (2) for activities eligible under section 148.” Subsec. (b)(5). Pub. L. 112–141, § 1403(b)(3), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “The amount to be transferred under paragraph (1) or (2) may be derived from one 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).” 2008—Subsec. (a)(5)(A), (B). Pub. L. 110–244 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows: “(A) receive a driver’s license suspension for not less than 1 year; “(B) be subject to the impoundment or immobilization of each of the individual’s motor vehicles or the installation of an ignition interlock system on each of the motor vehicles;”. 2005—Subsec. (b)(3). Pub. L. 109–59 substituted “148” for “152”.