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 Minnesota Department of Public Safety $8.298 million on October 1, 2025, under the Minimum Penalties for Repeat Offenders for Driving While Intoxicated program (CFDA 20.608). The funding supports alcohol and drug-impaired driving countermeasures in Minnesota through September 30, 2029. Work is performed in St. Paul, Minnesota.

Under Section 164 of 23 U.S.C., the award is conditioned on Minnesota's enactment and enforcement of a repeat intoxicated driver law establishing specified minimum penalties for second and subsequent convictions of driving while intoxicated or driving under the influence. The Fiscal and Administrative Services Division of the Minnesota Department of Public Safety administers the award and distributes funds to sub-recipients for eligible impaired driving countermeasures. Section 164 funds must be used solely for alcohol and drug-impaired driving countermeasures permissible under NHTSA's Section 402 formula grant program or for FHWA's Highway Safety Improvement Program eligible activities. Recipients must retain records for three years following submission of final expenditure reports.

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).