H.R. 2788

119th CONGRESS 1st Session

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.

IN THE HOUSE OF REPRESENTATIVES · April 9, 2025 · Sponsor: Mr. Mann · Committee: Committee on Transportation and Infrastructure

SEC. 1. Short title
SEC. 2. Findings
SEC. 3. National standard for ignition interlocks for DWI offenders

SEC. 1. Short title

This Act may be cited as the or the "End Driving While Intoxicated Act of 2025" or "End DWI Act of 2025".

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.

SEC. 3. National standard for ignition interlocks for DWI offenders

(a) In general

of title 23, United States Code, is amended by adding at the end the following: (Chapter 1)

SEC. 180. National standard for ignition interlocks for DWI offenders (a) Withholding of apportionments for non-Compliance (1) 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) 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) 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) 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) 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) No funds withheld under this section from apportionment to any State after September 30, 2028, shall be available for apportionment to the State.

(2) 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) 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) Sums not obligated at the end of the period referred to in subparagraph (A) shall lapse.

(4) 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) The term has the meaning given such term in section 164 and section 405. "driving while intoxicated"

(2) The term has the meaning given the term in section 1275.3 of title 23, Code of Federal Regulations. "ignition interlock" "ignition interlock system"

(3) The term has the meaning given such term in section 32101 of title 49. "motor vehicle"

(4) The term 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. "special exception"

(5) The term 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. "violation".

(b) Clerical amendment

The analysis for of title 23, United States Code, is amended by inserting after the item relating to the following: (chapter 1; section 179)

.

(c) Conforming amendments

(1) Section 164(a)(6) of title 23, United States Code, is amended by striking .

(2) 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 .

H.R. 2788

119th CONGRESS 1st Session

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.

IN THE HOUSE OF REPRESENTATIVES · April 9, 2025 · Sponsor: Mr. Mann · Committee: Committee on Transportation and Infrastructure

SEC. 1. Short title
SEC. 2. Findings
SEC. 3. National standard for ignition interlocks for DWI offenders

SEC. 180. National standard for ignition interlocks for DWI offenders (a) Withholding of apportionments for non-Compliance (1) 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) 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) 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) 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) 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) No funds withheld under this section from apportionment to any State after September 30, 2028, shall be available for apportionment to the State.

(2) 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) 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) Sums not obligated at the end of the period referred to in subparagraph (A) shall lapse.

(4) 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) The term has the meaning given such term in section 164 and section 405. "driving while intoxicated"

(2) The term has the meaning given the term in section 1275.3 of title 23, Code of Federal Regulations. "ignition interlock" "ignition interlock system"

(3) The term has the meaning given such term in section 32101 of title 49. "motor vehicle"

(4) The term 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. "special exception"

(5) The term 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. "violation".

(b) Clerical amendment

The analysis for of title 23, United States Code, is amended by inserting after the item relating to the following: (chapter 1; section 179)

.

(c) Conforming amendments

(1) Section 164(a)(6) of title 23, United States Code, is amended by striking .

H.R. 2788

Table of contents

SEC. 1. Short title

SEC. 2. Findings

SEC. 3. National standard for ignition interlocks for DWI offenders

(a) In general

(b) Clerical amendment

(c) Conforming amendments

H.R. 2788

Table of contents

SEC. 1. Short title

SEC. 2. Findings

SEC. 3. National standard for ignition interlocks for DWI offenders

(a) In general

(b) Clerical amendment

(c) Conforming amendments