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 Montana Department of Transportation $1,059,481 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 failing to enact and enforce conforming repeat alcohol-intoxicated driver laws.

The award obligates $1,059,481 to support alcohol and drug-impaired driving countermeasures in Montana. Section 164 funds must be used solely for impaired driving countermeasures permissible under NHTSA's Section 402 formula grant program or for the Federal Highway Administration's Highway Safety Improvement Program eligible activities addressing hazard elimination. The period of performance runs from October 1, 2025, through September 30, 2029, with place of performance in Helena, Montana. The federal share is reimbursed on claims submitted in vouchers; funds placed in obligation remain available until expended. Award recipients must retain records for three years following submission of a final expenditure report and other 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).