---
kind: "section"
citation: "23 C.F.R. § 192.4"
title: "23"
number: "192.4"
heading: "Adoption of drug offender's driver's license suspension."
url: "https://uscodex.org/cfr/23/192.4"
---

# §192.4. Adoption of drug offender's driver's license suspension.

- (a) The Secretary shall withhold 8 percent of the amount required to be apportioned to any State under each of sections [104(b)(1)](/usc/23/104.md?p=b-1) and [(b)(2)](/usc/23/104.md?p=b-2) of title 23 of the U.S.C. on the first day of the next fiscal year if the State does not meet the requirements of this section.
- (b) **A State meets the requirements of this section if—**
  - (1) The State has enacted and is enforcing a law that requires in all circumstances, or requires in the absence of compelling circumstances warranting an exception:
    - (i) The revocation, or suspension for at least 6 months, of the driver's license of any individual who is convicted, after the enactment of such law, of
      - (A) Any violation of the Controlled Substances Act, or
      - (B) Any drug offense, and
    - (ii) A delay in the issuance or reinstatement of a driver's license to such an individual for at least 6 months after the individual otherwise would have been eligible to have a driver's license issued or reinstated if the individual does not have a driver's license, or the driver's license of the individual is suspended, at the time the individual is so convicted, or
  - (2) **The Governor of the State or their designee—**
    - (i) Submits to the Secretary through its respective FHWA Division Administrator a written certification stating that the Governor is opposed to the enactment or enforcement in the State of a law described in [paragraph (b)(1)](#b-1) of this section relating to the revocation, suspension, issuance, or reinstatement of driver's licenses to convicted drug offenders; and
    - (ii) Submits to the Secretary a written certification that the legislature (including both Houses where applicable) has adopted a resolution expressing its opposition to a law described in [paragraph (b)(1)](#b-1) of this section.
- (c) A State that makes exceptions for compelling circumstances must do so in accordance with a State law, regulation, binding policy directive or statewide published guidelines establishing the conditions for making such exceptions and in exceptional circumstances specific to the offender.

## Notes

### Authority

Authority: 23 U.S.C. 159, 315.

### Source

Source: 87 FR 61243, Oct. 11, 2022, unless otherwise noted.