23 CFR 1275.4 - Compliance criteria.
(a) To avoid the transfer of funds as specified in § 1275.6 of this part, a State must enact and enforce a law that establishes, as a minimum penalty, that all repeat intoxicated drivers shall:
(1) Receive a driver's license suspension of not less than one year;
(2) Be subject to either -
(i) The impoundment of each of the driver's motor vehicles during the one-year license suspension;
(ii) The immobilization of each of the driver's motor vehicles during the one-year license suspension; or
(iii) The installation of a State-approved ignition interlock system on each of the driver's motor vehicles at the conclusion of the one-year license suspension;
(3) Receive an assessment of their degree of alcohol abuse, and treatment as appropriate; and
(4) Receive a mandatory sentence of -
(i) Not less than five days of imprisonment or 30 days of community service for a second offense; and
(ii) Not less than ten days of imprisonment or 60 days of community service for a third or subsequent offense.
(b) Exceptions. (1) A State may provide limited exceptions to the impoundment or immobilization requirements contained in paragraphs (a)(2)(i) and (a)(2)(ii) of this section on an individual basis, to avoid undue hardship to any individual who is completely dependent on the motor vehicle for the necessities of life, including any family member of the convicted individual, and any co-owner of the motor vehicle, but not including the offender.
(2) A State may provide limited exceptions to the requirement to install an ignition interlock system on each of the offender's motor vehicles, contained in paragraph (a)(2)(iii) of this section, on an individual basis, to avoid undue financial hardship, provided the State law requires that the offender may not operate a motor vehicle without an ignition interlock system.
(3) Such exceptions may be issued only in accordance with a State law, regulation or binding policy directive establishing the conditions under which vehicles may be released by the State or under Statewide published guidelines and in exceptional circumstances specific to the offender's motor vehicle, and may not result in the unrestricted use of the vehicle by the repeat intoxicated driver.