Under 23 U.S.C. § 164, states are encouraged to enact and enforce laws that require, at a minimum, that any person convicted of a second or subsequent DUI/DWI offense must: (1) serve a mandatory period of suspension or revocation of their driver's license; and (2) use an ignition interlock device (IID) for a specified period on all vehicles they operate. If a state fails to comply with these requirements, a portion of its federal-aid highway funds may be withheld. This statute is relevant because it directly affects state laws regarding civil penalties for DUI/DWI by mandating certain actions that states must take for repeat offenders, which can include the installation of an IID.
23 U.S.C. § 410 outlines the provisions for federal grants to states that implement and enforce programs designed to reduce driving under the influence of alcohol. These grants can be used by states to improve their DUI/DWI enforcement, including the establishment of civil penalties. The statute encourages states to adopt and implement effective programs that may include: (1) alcohol rehabilitation and treatment programs; (2) public information and education initiatives; (3) enforcement mobilizations, particularly for high-risk populations such as underage drinkers; and (4) other related safety measures. The availability of federal funds under this statute can influence state decisions regarding the imposition of civil penalties for DUI/DWI offenses.
While 23 U.S.C. § 303 primarily deals with the designation of the National Highway System, it also includes provisions that can impact state DUI/DWI laws. The statute emphasizes the importance of safety on federal-aid highways, and by extension, it supports the enforcement of traffic laws, including those related to DUI/DWI. The federal government's focus on highway safety can lead to the development of regulations and policies that encourage states to adopt stricter DUI/DWI laws, potentially including civil penalties such as fines and license suspensions, to ensure safer roadways.