23 U.S.C.A. § 164 Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence

(a) Definitions. –In this section, the following definitions apply:

(1) Alcohol concentration. –The term “alcohol concentration” means grams of alcohol per 100 milliliters of blood or 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 an alcohol concentration above the permitted limit as established by each State.

(3) License suspension.–The term “license suspension” means the suspension of all driving privileges.

(4) Motor vehicle.–The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial vehicle.

(5) Repeat intoxicated driver law. –The term “repeat intoxicated driver law” means a State law that provides, as a minimum penalty, that an individual convicted of a second or subsequent offense for driving while intoxicated or driving under the influence after a previous conviction for that offense shall–

(A) receive a driver’s license suspension for not less than 1 year;

(B) be subject to the impoundment or immobilization of each of the individual’s motor vehicles or the installation of an ignition interlock system on each of the motor vehicles;

(C) receive an assessment of the individual’s degree of abuse of alcohol and treatment as appropriate; and

(D) receive–

(i) in the case of the second offense–

(I) an assignment of not less than 30 days of community service; or

(II) not less than 5 days of imprisonment; and

(ii) in the case of the third or subsequent offense–

(I) an assignment of not less than 60 days of community service; or

(II) not less than 10 days of imprisonment.

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