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 New Mexico Department of Transportation $9,525,882 on October 1, 2025, under the Minimum Penalties for Repeat Offenders for Driving While Intoxicated formula grant program (CFDA 20.608). The award, obligated through September 30, 2029, transfers Section 164 penalty funds to support alcohol and drug-impaired driving countermeasures in New Mexico, which qualifies to receive these funds by having enacted and enforced a repeat intoxicated driver law meeting federal minimum penalty requirements for second and subsequent convictions of driving while intoxicated or driving under the influence. The recipient, the New Mexico Department of Transportation Transit and Rail Division, administers the award from Santa Fe, New Mexico. Section 164 funds must be used exclusively for alcohol or drug-impaired driving countermeasures eligible under NHTSA's Section 402 formula grant program or for highway safety improvement activities addressing hazard elimination under the Federal Highway Administration's Highway Safety Improvement Program.

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).