This bill — known as the DUI Reporting Act of 2018 — would require the Dept. of Transportation (DOT) to withhold national priority safety program grant funds from a state that doesn’t appear on the most recent list provided to DOT by the Department of Justice (DOJ) identifying states that are appropriately reporting arrests for driving under the influence of alcohol or drugs (DUI/DWI arrests) to the relevant federal repository.
An “appropriate federal repository” for DUI/DWI arrests could be determined by the Attorney General to be either the National Crime Information Center (NCIC) or the Next Generation Identification (NGI) system.
Funds would be withheld in the following manner:
25% of the funds that would have otherwise been granted would be withheld from first-time offenders;
50% of the funds that would have otherwise been granted would be withheld from second-time offenders; and
100% of that funds that would have otherwise been granted would be withheld from third-time (or more) offenders.
States subject to withholding would have 90 days to cure their violation, in which case the funds withheld would be restored. If, at the end of the 90-day period, a state doesn’t comply with the reporting requirement for DUI arrests, then funds that would’ve been given to it would be reallocated to other jurisdictions.
By incentivizing states’ reporting of DUI arrests, this bill would harmonize law enforcement reporting of DUI arrests, allowing police officers anywhere immediate access to the latest and most accurate data, including pending cases, at the time of traffic stops. This would eliminate the accrual of multiple first-time DUI offenses in multiple jurisdictions due to inaccurate reporting.