To increase penalties for individuals who operate motor vehicles while intoxicated or under the influence of alcohol under aggravated circumstances.

SA 619. Mr. LAUTENBERG submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Strike section 1403 and insert the following:

SEC. 1403. INCREASED PENALTIES FOR HIGHER-RISK DRIVERS
DRIVING WHILE INTOXICATED OR DRIVING UNDER THE
INFLUENCE.

(a) In General.--Section 164 of title 23, United States
Code, is amended to read as follows:

``Sec. 164. Increased penalties for higher-risk drivers
driving while intoxicated or driving under the influence

``(a) Definitions.--In this section:
``(1) Blood alcohol concentration.--The term `blood alcohol
concentration' means

[[Page S4961]]

grams of alcohol per 100 milliliters of blood or the
equivalent grams of alcohol per 210 liters of breath.
``(2) Driving while intoxicated; driving under the
influence.--The terms `driving while intoxicated' and
`driving under the influence' mean driving or being in actual
physical control of a motor vehicle while having a blood
alcohol concentration above the permitted limit as
established by each State.
``(3) Higher-risk impaired driver law.--
``(A) In general.--The term `higher-risk impaired driver
law' means a State law that provides, as a minimum penalty,
that--
``(i) an individual described in subparagraph (B) shall--

``(I) receive a driver's license suspension;
``(II)(aa) have the motor vehicle driven at the time of
arrest impounded or immobilized for not less than 45 days;
and
``(bb) for the remainder of the license suspension period,
be required to install a certified alcohol ignition interlock
device on the vehicle;
``(III)(aa) be subject to an assessment by a certified
substance abuse official of the State that assesses the
degree of abuse of alcohol by the individual; and
``(bb) be assigned to a treatment program or impaired
driving education program, as determined by the assessment;
and
``(IV) be imprisoned for not less than 10 days, or have an
electronic monitoring device for not less than 100 days; and

``(ii) an individual who is convicted of driving while
intoxicated or driving under the influence with a blood
alcohol concentration level of 0.15 percent or greater
shall--

``(I) receive a driver's license suspension; and
``(II)(aa) be subject to an assessment by a certified
substance abuse official of the State that assesses the
degree of abuse of alcohol by the individual; and
``(bb) be assigned to a treatment program or impaired
driving education program, as determined by the assessment.

``(B) Covered individuals.--An individual referred to in
subparagraph (A)(i) is an individual who--
``(i) is convicted of a second or subsequent offense for
driving while intoxicated or driving under the influence
within a period of 10 consecutive years;
``(ii) is convicted of a driving-while-suspended offense,
if the suspension was the result of a conviction for driving
under the influence; or
``(iii) refuses a blood alcohol concentration test while
under arrest or investigation for involvement in a fatal or
serious injury crash.
``(4) License suspension.--The term `license suspension'
means, for a period of not less than 1 year--
``(A) the suspension of all driving privileges of an
individual for the duration of the suspension period; or
``(B) a combination of suspension of all driving privileges
of an individual for the first 45 days of the suspension
period, followed by reinstatement of limited driving
privileges requiring the individual to operate only motor
vehicles equipped with an ignition interlock system or other
device approved by the Secretary during the remainder of the
suspension period.
``(5) Motor vehicle.--
``(A) In general.--The term `motor vehicle' means a vehicle
driven or drawn by mechanical power and manufactured
primarily for use on public highways.
``(B) Exclusions.--The term `motor vehicle' does not
include--
``(i) a vehicle operated solely on a rail line; or
``(ii) a commercial vehicle.
``(b) Transfer of Funds.--
``(1) In general.--Except as provided in paragraph (2), on
October 1, 2008, and each October 1 thereafter, if a State
has not enacted or is not enforcing a higher-risk impaired
driver law, the Secretary shall transfer an amount equal to 3
percent of the funds apportioned to the State on that date
under paragraphs (1), (3), and (4) of section 104(b) to the
apportionment of the State under section 402 to be used in
accordance with section 402(a)(3) only to carry out impaired
driving programs.
``(2) Nationwide traffic safety campaigns.--The Secretary
shall--
``(A) reserve 25 percent of the funds that would otherwise
be transferred to States for a fiscal year under paragraph
(1); and
``(B) use the reserved funds to make law enforcement
grants, in connection with nationwide traffic safety
campaigns, to be used in accordance with section
402(a)(3).''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code, is amended by
striking the item relating to section 164 and inserting the
following:

``164. Increased penalties for higher-risk drivers driving while
intoxicated or driving under the influence.''.
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