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 South Dakota Department of Public Safety $1.805 million under the Minimum Penalties for Repeat Offenders for Driving While Intoxicated program (CFDA 20.608, 23 U.S.C. Section 164) on October 1, 2025. The funding supports alcohol and drug-impaired driving countermeasures in South Dakota, which maintains conforming repeat intoxicated driver laws establishing specified penalties for second and subsequent convictions of driving while intoxicated or driving under the influence. The award obligates $1.805 million and carries a period of performance through September 30, 2029. Place of performance is Pierre, South Dakota. Section 164 funds must be used solely for alcohol and drug-impaired driving countermeasures eligible under NHTSA's Section 402 formula grant program or for FHWA's Highway Safety Improvement Program eligible hazard elimination activities. South Dakota Department of Public Safety serves as the state administering agency and pass-through entity, distributing federal resources to counties, municipalities, and community organizations across the state. The assistance type is a formula grant.

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).