United States Code · Section

§ 163 — Safety Incentives To Prevent Operation Of Motor Vehicles By Intoxicated Persons

23 U.S.C. § 163

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(a) The Secretary shall make a grant, in accordance with this section, to any State that has enacted and is enforcing a law that provides that any person with a blood alcohol concentration of 0.08 percent or greater while operating a motor vehicle in the State shall be deemed to have committed a per se offense of driving while intoxicated (or an equivalent per se offense). (b) For each fiscal year, funds authorized to carry out this section shall be apportioned to each State that has enacted and is enforcing a law meeting the requirements of subsection (a) in an amount determined by multiplying— (1) the amount authorized to carry out this section for the fiscal year; by (2) the ratio that the amount of funds apportioned to each such State under section 402 for such fiscal year bears to the total amount of funds apportioned to all such States under section 402 for such fiscal year. (c) A State may obligate funds apportioned under subsection (b) for any project eligible for assistance under this title. (d) The Federal share of the cost of a project funded under this section shall be 100 percent. (1) (2) On October 1, 2011, and October 1 of each fiscal year thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 6 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b). (3) If, within 4 years from the date that an apportionment for a State is withheld in accordance with this subsection, the Secretary determines that the State has enacted and is enforcing a law described in subsection (a), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, any State has not enacted or is not enforcing a law described in subsection (a) any amounts so withheld from such State shall lapse. (1) (2) Notwithstanding section 118(b), the funds authorized by this subsection shall remain available until expended.
23 U.S.C. § 162 23 U.S.C. § 164

Implementing Regulations