---
kind: "section"
citation: "23 U.S.C. § 161"
title: "23"
title_heading: "Highways"
number: "161"
heading: "Operation of motor vehicles by intoxicated minors"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/23/161"
units:
  - "Chapter 1 — Federal-Aid Highways"
---

# §161. Operation of motor vehicles by intoxicated minors

- (a) **Withholding of Apportionments for Noncompliance.—**
  - (1) **Prior to fiscal year 2012.—** The [Secretary](/usc/23/101.md?p=a-27) shall withhold 10 percent (including any amounts withheld under [paragraph (1)](#a-1)) of the amount required to be apportioned to any [State](/usc/23/101.md?p=a-28) under each of paragraphs [(1)](/usc/23/104.md?p=b-1), [(3)](/usc/23/104.md?p=b-3), and [(4)](/usc/23/104.md?p=b-4) of section 104(b)[^1] on October 1, 1999, and on October 1 of each fiscal year thereafter through fiscal year 2011, if the [State](/usc/23/101.md?p=a-28) does not meet the requirement of [paragraph (3)](#a-3) on that date.
  - (2) **Fiscal year 2012 and thereafter.—** The [Secretary](/usc/23/101.md?p=a-27) shall withhold an amount equal to 8 percent of the amount required to be apportioned to any [State](/usc/23/101.md?p=a-28) under each of paragraphs [(1)](/usc/23/104.md?p=b-1) and [(2)](/usc/23/104.md?p=b-2) of section 104(b) on October 1, 2011, and on October 1 of each fiscal year thereafter, if the [State](/usc/23/101.md?p=a-28) does not meet the requirement of [paragraph (3)](#a-3) on that date.
  - (3) **Requirement.—** A [State](/usc/23/101.md?p=a-28) meets the requirement of this paragraph if the [State](/usc/23/101.md?p=a-28) has enacted and is enforcing a law that considers an individual under the age of 21 who has a blood alcohol concentration of 0.02 percent or greater while operating a motor vehicle in the [State](/usc/23/101.md?p=a-28) to be driving while intoxicated or driving under the influence of alcohol.
- (b) **Period of Availability; Effect of Compliance and Noncompliance.—**
  - (1) **Period of availability of withheld funds.—**
    - (A) **Funds withheld on or before september 30, 2000.—** Any funds withheld under [subsection (a)](#a) from [apportionment](/usc/23/101.md?p=a-1) to any [State](/usc/23/101.md?p=a-28) on or before September 30, 2000, shall remain available until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated.
    - (B) **Funds withheld after september 30, 2000.—** No funds withheld under this section from [apportionment](/usc/23/101.md?p=a-1) to any [State](/usc/23/101.md?p=a-28) after September 30, 2000, shall be available for [apportionment](/usc/23/101.md?p=a-1) to the [State](/usc/23/101.md?p=a-28).
  - (2) **Apportionment of withheld funds after compliance.—** If, before the last day of the period for which funds withheld under [subsection (a)](#a) from [apportionment](/usc/23/101.md?p=a-1) are to remain available for [apportionment](/usc/23/101.md?p=a-1) to a [State](/usc/23/101.md?p=a-28) under [paragraph (1)](#b-1), the [State](/usc/23/101.md?p=a-28) meets the requirement of [subsection (a)(3)](#a-3), the [Secretary](/usc/23/101.md?p=a-27) shall, on the first day on which the [State](/usc/23/101.md?p=a-28) meets the requirement, apportion to the [State](/usc/23/101.md?p=a-28) the funds withheld under [subsection (a)](#a) that remain available for [apportionment](/usc/23/101.md?p=a-1) to the [State](/usc/23/101.md?p=a-28).
  - (3) **Period of availability of subsequently apportioned funds.—** Any funds apportioned pursuant to [paragraph (2)](#b-2) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned. Sums not obligated at the end of that period shall lapse.
  - (4) **Effect of noncompliance.—** If, at the end of the period for which funds withheld under [subsection (a)](#a) from [apportionment](/usc/23/101.md?p=a-1) are available for [apportionment](/usc/23/101.md?p=a-1) to a [State](/usc/23/101.md?p=a-28) under [paragraph (1)](#b-1), the [State](/usc/23/101.md?p=a-28) does not meet the requirement of [subsection (a)(3)](#a-3), the funds shall lapse.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added Pub. L. 104–59, title III, § 320(a), Nov. 28, 1995, 109 Stat. 589; amended Pub. L. 105–178, title I, § 1103(l)(3)(F), June 9, 1998, 112 Stat. 126; Pub. L. 112–141, div. A, title I, § 1404(h), July 6, 2012, 126 Stat. 559.)

## Notes

### Editorial Notes

### References in Text

Section 104, referred to in subsec. (a)(1), was amended generally by Pub. L. 112–141, div. A, title I, § 1105(a), July 6, 2012, 126 Stat. 427.

### Amendments

2012—Subsec. (a)(1), (2). Pub. L. 112–141 redesignated par. (2) as (1), substituted “Prior to fiscal year 2012” for “Thereafter” in par. heading, inserted “through fiscal year 2011” after “each fiscal year thereafter” in text, added par. (2), and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: “The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 1998, if the State does not meet the requirement of paragraph (3) on that date.”

1998—Subsec. (a)(1), (2). Pub. L. 105–178 substituted “paragraphs (1), (3), and (4) of section 104(b)” for “paragraphs (1), (3), and (5)(B) of section 104(b)”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.