Minimum Penalties for Repeat Offenders for Driving While Intoxicated
Active
- Assistance listing
- 20.608
- Agency
-
National Highway Traffic Safety Administration
Department of Transportation
- Grant awards
- 238 $1,060,392,473 in federal obligations
Program facts
- Assistance types
-
- Formula Grant
- Project Grant
- Treasury account
-
- 69-8020-0-7-401
- More information
Program details come from SAM.gov Assistance Listings. Updated . Grant award figures come from USAspending.gov.
About this program
The Department of Transportation National Highway Traffic Safety Administration distributes formula grants under Assistance Listing 20.608 to support alcohol and drug-impaired driving countermeasures in states that fail to enact and enforce conforming repeat intoxicated driver laws, with the most recent awards issued on October 1, 2025.
The program operates under Section 164 of 23 U.S.C., which conditions federal highway funding transfers on state enactment and enforcement of repeat intoxicated driver laws establishing minimum penalties for second and subsequent convictions of driving while intoxicated or driving under the influence. States that lack conforming laws receive transferred penalty funds rather than retaining their full highway allocations. Funds must be used solely for alcohol and drug-impaired driving countermeasures permissible under the NHTSA Section 402 formula grant program or for the Federal Highway Administration's Highway Safety Improvement Program eligible activities focused on hazard elimination.
This is a state-only program; eligible applicants are the 50 states, the District of Columbia, and Puerto Rico, administered through State Departments of Transportation and State Highway Safety agencies. Once a state provides a letter to NHTSA confirming conforming legislation, it receives access to transfer funds and may obligate them. The federal share is reimbursed on voucher claims for costs incurred; all participants use electronic fund transfers. Recipients must retain records for three years following final expenditure report submission.
The program is highly active. NHTSA has distributed 238 awards totaling $1.06 billion since 2008, with a consistent annual cadence of 17–18 awards per year over the past five years. The portfolio is predominantly formula grants (194 awards, 82 percent) with a smaller share of project grants (44 awards, 18 percent). Recent October 2025 awards ranged from approximately $320 thousand to $43.2 million, with California, Minnesota, New Mexico, and Florida receiving larger allocations. Recent October 2024 awards also ranged widely, from under $1 million to approximately $42.7 million.
No open grant opportunities are present in the source; this program operates as an automatic transfer mechanism contingent on state legislative compliance rather than a competitive solicitation process.
Objective and description
- Objective
To encourage States to enact and enforce Repeat Intoxicated Offender 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
- Description
To encourage States to enact and enforce Repeat Intoxicated Offender 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).
Eligibility
- Applicant eligibility
States, the District of Columbia, and Puerto Rico.
- Beneficiary eligibility
State Departments of Transportation and State Highway Safety agencies.
- Uses of assistance
States failing to comply with Section 164 are subject to a reservation of 2.5 percent of federal-aid highway funds apportioned for the National Highway Performance Program and the Surface Transportation Block Grant Program. States decide the percentage of the reserved funds to be transferred to NHTSA for alcohol and/or drug-impaired driving countermeasures and/or to remain with FHWA for eligible activities under the Highway Safety Improvement Program. Funds transferred to NHTSA are subject to the requirements of the 402 program. Funds transferred to NHTSA must be used for alcohol and/or drug-impaired driving countermeasures or enforcement of driving while intoxicated (DWI), driving under the influence (DUI) and other related laws. A state may elect to use all or part of its transferred funds for activities eligible under 23 U.S.C. 148. Funds transferred to NHTSA must be used for alcohol and/or drug-impaired driving countermeasures or enforcement of driving while intoxicated (DWI), driving under the influence DUI) and other related laws.
- Length and time phasing of assistance
The Federal share is reimbursed on claims submitted in vouchers covering costs incurred. All participants have converted to the electronic transfer of funds method of payment. Funds placed in obligation are available until expended.
How to apply
- Preapplication coordination
Section 164 funds must be used solely for alcohol and/or drug-impaired driving countermeasures permissible under NHTSA Section 402 formula grant program or for FHWA's Highway Safety Improvement Program (SHIP) eligible activities (hazard elimination).
- Award procedure
Once the State provides a letter to NHTSA, the State will be given access to the transfer funds and can obligate the funds
Grant awards
Latest 10 of 238 listed here. See the rest on GovTribe.
Top recipients by federal obligations
| Rank | Recipient | Federal obligations | Share |
|---|---|---|---|
| 1 | California Office Of Traffic Safety | $476,232,262 | 45% |
| 2 | New Mexico Department Of Transportation | $104,115,630 | 10% |
| 3 | Minnesota Department Of Public Safety | $94,544,239 | 9% |
| 4 | Rhode Island DOT | $36,806,816 | 3% |
| 5 | Judiciary Courts Of The State Of Indiana | $23,281,185 | 2% |
| 6 | South Dakota Department Of Public Safety | $20,606,453 | 2% |
| 7 | Administracion De Compensaciones POR Accidentes De Automoviles | $18,737,313 | 2% |
| 8 | Ohio Department Of Public Safety | $18,420,277 | 2% |
8 of 38 recipients listed here. See the rest on GovTribe.
Federal obligations by fiscal year
| Fiscal year | Federal obligations |
|---|---|
| FY2026 | $84,838,904 |
| FY2025 | $82,924,777 |
| FY2023 | $79,905,444 |
| FY2022 | $75,892,685 |
| FY2021 | $66,086,196 |
| FY2020 | $61,160,917 |
| FY2019 | $123,633,698 |
| FY2018 | $62,207,643 |
| FY2017 | $57,883,422 |
| FY2016 | $54,768,708 |
| FY2015 | $9,010,761 |
| FY2012 | $58,901,267 |
| FY2011 | $59,579,074 |
| FY2010 | $52,576,080 |
| FY2009 | $42,700,951 |
| FY2008 | $84,607,380 |
Show all 16
Quick answers
What is Assistance Listing 20.608?
Assistance Listing 20.608 is Minimum Penalties for Repeat Offenders for Driving While Intoxicated, a federal grant program run by National Highway Traffic Safety Administration (Department of Transportation).
What is the CFDA number for Minimum Penalties for Repeat Offenders for Driving While Intoxicated?
Its CFDA number is 20.608: Assistance Listing numbers were called CFDA numbers before 2018.
How much funding has Assistance Listing 20.608 awarded?
238 grant awards under 20.608 have obligated $1,060,392,473 in federal funds to 38 recipients.
Who receives the most funding from 20.608?
The recipients obligated the most under Minimum Penalties for Repeat Offenders for Driving While Intoxicated are California Office Of Traffic Safety ($476,232,262), New Mexico Department Of Transportation ($104,115,630) and Minnesota Department Of Public Safety ($94,544,239).
How much did 20.608 obligate in fiscal year 2025?
Grants under 20.608 obligated $82,924,777 in federal funds in fiscal year 2025.
On GovTribe
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