H.R. 2788

119 HR 2788 IH: End Driving While Intoxicated Act of 2025
 U.S. House of Representatives
 2025-04-09
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 I  119th CONGRESS  1st Session  H. R. 2788  IN THE HOUSE OF REPRESENTATIVES   April 9, 2025   Mr. Mann  (for himself,  Mr. Pappas ,  Mr. Smith of New Jersey , and  Mr. Raskin ) introduced the following bill; which was referred to the  Committee on Transportation and Infrastructure    A BILL
To amend title 23, United States Code, to provide for a national standard to prevent driving while intoxicated by requiring ignition interlocks for DWI offenders, and for other purposes.
1.
Short title
This Act may be cited as the   End Driving While Intoxicated Act of 2025   or the   End DWI Act of 2025  .
2.
Findings
Congress finds the following:
(1)
According to Mothers Against Drunk Driving, there has been a historic increase in alcohol-impaired driving fatalities since 2019 resulting in one person dying in a driving while intoxicated crash in the United States every 39 minutes.
(2)
According to the National Highway Traffic Safety Administration, between 2020 and 2021, driving while intoxicated deaths increased 14 percent and 13,384 people were killed, a level not seen since 2006.
(3)
Studies show that ignition interlocks reduce recidivism, by up to 70 percent, among first-time, repeat and high-risk driving while intoxicated offenders while they are installed.
(4)
Ignition interlocks are required for people who have been convicted for driving while intoxicated in 31 States and the District of Columbia, according to the National Conference of State Legislators.
(5)
The rise in polysubstance impaired driving significantly increases the crash risk on our nation’s roads.
(6)
One 2018 study from Washington State revealed that polysubstance impairment was the most common type of impairment found among drivers involved in fatal crashes between 2008 and 2016 and among drivers involved in fatal crashes during this timeframe, 44 percent tested positive for 2 or more substances with alcohol and THC being the most common combination.
3.
National standard for ignition interlocks for DWI offenders
(a)
In general
 Chapter 1  of title 23, United States Code, is amended by adding at the end the following:
180.
National standard for ignition interlocks for DWI offenders
(a)
Withholding of apportionments for non-Compliance
(1)
Fiscal year 2027
The Secretary shall withhold 3 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on October 1, 2026, if the State does not meet the requirements of paragraph (3) on such date.
(2)
Subsequent fiscal years
The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on October 1, 2027, and on October 1 of each fiscal year thereafter, if the State does not meet the requirements of paragraph (3) on such date.
(3)
Requirements
(A)
In general
A State meets the requirements of this paragraph if the State has enacted and is enforcing a law mandating a restriction on driving privileges for a driving while intoxicated offender that limits the individual to operating only motor vehicles with an ignition interlock device installed, unless a special exception applies (as determined by the respective State), for a minimum period of 180 days and remain without a violation for a minimum period (as determined by the respective State) that precedes the date of the removal of the restriction.
(B)
Interlock period
The interlock period described in subparagraph (A) may be served by the individual during an administrative license suspension period, post-conviction, or a combination of both, as determined by the respective State.
(b)
Period of availability; effect of compliance and non-Compliance
(1)
Period of availability of withheld funds
(A)
Funds withheld on or before September 30, 2028
Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 2028, shall remain available until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated.
(B)
Funds withheld after September 30, 2028
No funds withheld under this section from apportionment to any State after September 30, 2028, shall be available for apportionment to the State.
(2)
Apportionment of withheld funds after compliance
If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1)(A), the State meets the requirements of subsection (a)(3), the Secretary shall, on the first day on which the State meets the requirements, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State.
(3)
Period of availability of subsequently apportioned funds
(A)
In general
Any funds apportioned under paragraph (2) shall remain available for obligation until the end of the third fiscal year following the fiscal year in which the funds are so apportioned.
(B)
Treatment of certain funds
Sums not obligated at the end of the period referred to in subparagraph (A) shall lapse.
(4)
Effect of non-compliance
If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1)(A) of this subsection, the State does not meet the requirements of subsection (a)(3), the funds shall lapse.
(c)
Definitions
In this section:
(1)
Driving while intoxicated
The term  driving while intoxicated  has the meaning given such term in section 164 and section 405.
(2)
Ignition interlock
The term  ignition interlock  has the meaning given the term  ignition interlock system  in section 1275.3 of title 23, Code of Federal Regulations.
(3)
Motor vehicle
The term  motor vehicle  has the meaning given such term in section 32101 of title 49.
(4)
Special exception
The term  special exception  has the meaning defined by a State in law or regulation with respect to an ignition interlock device that may include that the individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned by the individual.
(5)
Violation
The term  violation  has the meaning defined by a State in law or regulation with respect to an ignition interlock device that may include failing a breath test, failing to take or pass a re-test, circumventing an ignition interlock, tampering with an ignition interlock, or a combinations of the actions described in this paragraph.
 .
(b)
Clerical amendment
The analysis for  chapter 1  of title 23, United States Code, is amended by inserting after the item relating to  section 179  the following:
180. National standard for ignition interlocks for DWI offenders.
  .
(c)
Conforming amendments
(1)
Minimum penalties for repeat offenders
Section 164(a)(6) of title 23, United States Code, is amended by striking  or controlled .
(2)
National priority safety programs
Section 405(d)(6) of title 23, United States Code, is amended—
(A)
in subparagraph (A)(ii) by striking  registered, owned, or leased for operation  and inserting  operated ; and
(B)
in subparagraph (F)(i) by striking  or controlled .