Section 164 transfer program: repeat intoxicated driver (23 C.F.R. Part 1275; 23 U.S.C. § 164) ― penalty transfer funds to support alcohol and drug-impaired driving countermeasures in states that fail…

The National Highway Traffic Safety Administration awarded the Colorado Department of Transportation $936,151 under the Minimum Penalties for Repeat Offenders for Driving While Intoxicated program (CFDA 20.608) on October 1, 2025. This Section 164 transfer funding supports alcohol and drug-impaired driving countermeasures in Colorado following the state's enactment and enforcement of conforming repeat intoxicated driver laws establishing minimum penalties for second and subsequent convictions of driving while intoxicated or driving under the influence. Section 164 funds obligated to CDOT must be deployed solely for impaired driving countermeasures eligible under NHTSA's Section 402 formula grant program or hazard elimination activities under the Federal Highway Administration's Highway Safety Improvement Program. Performance runs through September 30, 2029, with place of performance in Denver, Colorado. CDOT distributes these funds through sub-awards to local agencies and specialized contractors implementing occupant protection, impaired driving initiatives, safety education, and regional safety coordination. Recipients must retain records for three years following submission of final expenditure reports and project deliverables.

Section 164 transfer program: repeat intoxicated driver (23 C.F.R. Part 1275; 23 U.S.C. § 164) ― penalty transfer funds to support alcohol and drug-impaired driving countermeasures in states that fail to enact and enforce conforming repeat alcohol-intoxicated driver laws. Under section 164, to avoid the transfer of funds, a state must enact and enforce a repeat intoxicated driver law that establishes, at minimum, certain specified penalties for second and subsequent convictions of driving while intoxicated or driving under the influence. 23 U.S.C. 164(a)(5).