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 Nevada Department of Public Safety $2,223,001 on October 1, 2025, under the Minimum Penalties for Repeat Offenders for Driving While Intoxicated program (CFDA 20.608), a Formula Grant designed to encourage states to enact and enforce repeat intoxicated driver laws that establish specified penalties for second and subsequent convictions of driving while intoxicated or driving under the influence.

The recipient, operating through its State Fire Marshal Division from Carson City, Nevada, will deploy Section 164 transfer funds exclusively for alcohol and drug-impaired driving countermeasures permissible under NHTSA's Section 402 formula grant program or for Federal Highway Administration Highway Safety Improvement Program eligible hazard elimination activities. The award runs through September 30, 2029. Section 164 funds become available to obligate once the state provides a letter to NHTSA confirming enactment and enforcement of qualifying repeat intoxicated driver laws. The State Fire Marshal Division administers federal highway safety funding across multiple NHTSA programs and coordinates implementation through sub-recipients including local law enforcement agencies, county governments, and educational institutions throughout Nevada. 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).