HR 2788
End DWI Act of 2025
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Bill overview
This bill, the End Driving While Intoxicated Act of 2025, aims to establish a national standard for ignition interlock devices for individuals convicted of driving while intoxicated (DWI). It requires states to implement laws mandating interlock use for a minimum of 180 days, with potential extensions, and establishes a system of financial penalties for states that fail to comply. The bill also addresses polysubstance impaired driving and seeks to reduce recidivism among DWI offenders.
Key provisions
- Requires states to mandate ignition interlock devices for DWI offenders.
- Establishes a minimum interlock period of 180 days.
- Creates a system of financial penalties (withholding of apportionments) for states that don't meet the requirements.
- Allows for ‘special exceptions’ to the interlock requirement, such as for employer-owned vehicles.
- Defines key terms related to DWI and ignition interlocks.
- Addresses polysubstance impaired driving.
- Includes clerical amendments to existing sections of Title 23, U.S. Code.
- Specifies a process for apportioning funds to compliant states.
Who is affected
- Drivers convicted of DWI
- State governments
- Motor vehicle owners
- Individuals with employment involving motor vehicle operation
- The general public (through reduced DWI fatalities)
Notable changes
- Establishes a national standard for ignition interlocks, currently implemented inconsistently across states.
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119th CONGRESS — 1st Session
H. R. 2788
IN THE HOUSE OF REPRESENTATIVES
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.
This Act may be cited as the End Driving While Intoxicated Act of 2025 End DWI Act of 2025
or the
.
Congress finds the following:
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.
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.
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.
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.
The rise in polysubstance impaired driving significantly increases the crash risk on our nation’s roads.
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.
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.
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.
Sums not obligated at the end of the period referred to in subparagraph (A) shall lapse.
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.
In this section:
The term driving while intoxicated
has the meaning given such term in section 164 and section 405.
ignition interlockhas the meaning given the term
ignition interlock systemin section 1275.3 of title 23, Code of Federal Regulations.
The term motor vehicle
has the meaning given such term in section 32101 of title 49.
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.
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.
The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 179 the following:
or controlled.
Section 405(d)(6) of title 23, United States Code, is amended—
in subparagraph (A)(ii) by striking registered, owned, or leased for operation
and inserting operated
; and
in subparagraph (F)(i) by striking or controlled
.