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 Indiana Criminal Justice Institute $3,036,559 on October 1, 2025, under the Minimum Penalties for Repeat Offenders for Driving While Intoxicated program (CFDA 20.608), a formula grant that transfers penalty funds to states supporting alcohol and drug-impaired driving countermeasures.

The recipient, the Judiciary Courts of the State of Indiana Policy and Administration Division operating as the Indiana Criminal Justice Institute, administers the award in Indianapolis, Indiana. The funding supports alcohol and drug-impaired driving countermeasures permissible under NHTSA's Section 402 formula grant program or eligible activities under the Federal Highway Administration's Highway Safety Improvement Program, including hazard elimination. Section 164 transfer funds become available when Indiana provides a letter to NHTSA confirming enactment and enforcement of a repeat intoxicated driver law establishing minimum specified penalties for second and subsequent convictions of driving while intoxicated or driving under the influence.

The period of performance runs from October 1, 2025, through September 30, 2029. The recipient must retain records for three years following submission of a final expenditure report and other project deliverables. Funds are reimbursed on claims submitted in vouchers covering costs incurred, and obligated amounts remain available until expended.

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).