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 North Dakota Department of Transportation $954,077 on October 1, 2025, under the Minimum Penalties for Repeat Offenders for Driving While Intoxicated program (CFDA 20.608), a Formula Grant supporting alcohol and drug-impaired driving countermeasures.

The Section 164 transfer program funds activities that encourage states to enact and enforce repeat intoxicated driver laws establishing minimum penalties for second and subsequent convictions of driving while intoxicated or driving under the influence. Obligated funds must be used solely for alcohol and drug-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.

Performance runs through September 30, 2029, with place of performance in Bismarck, North Dakota. The award is structured as a federal share reimbursed on vouchers submitted for costs incurred. The recipient must retain records for three years following submission of a final expenditure report and project deliverables. Funds are available until expended under standard obligation mechanics.

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).