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 Rhode Island DOT $2.783 million on October 1, 2025, under the Minimum Penalties for Repeat Offenders for Driving While Intoxicated program (CFDA 20.608), a formula grant mechanism that transfers penalty funds to states to support alcohol and drug-impaired driving countermeasures.

Funding obligated is $2.783 million, with a period of performance through September 30, 2029. The award supports alcohol and drug-impaired driving prevention activities permissible under NHTSA's Section 402 formula grant program or eligible activities under the Federal Highway Administration's Highway Safety Improvement Program. Rhode Island DOT, a division of the State of Rhode Island, administers the award with place of performance in Providence, Rhode Island.

The Section 164 transfer program operates as a penalty mechanism tied to state compliance with federal repeat intoxicated driver law requirements. States that enact and enforce repeat intoxicated driver laws establishing minimum specified penalties for second and subsequent DWI/DUI convictions receive these funds; states that fail to enact conforming legislation face transfer of their highway safety funds to this pool. Rhode Island DOT must retain records for three years following submission of final expenditure reports and project deliverables. Reimbursement flows through federal vouchers for costs incurred, with obligated funds available until expended.

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).