Sec. 1414. REPEAT OFFENDER CRITERIA

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## SEC. 1414 REPEAT OFFENDER CRITERIA Section 164(a) of title 23, United States Code, is amended— ####

(1)by redesignating paragraphs

(1)through

(4)as paragraphs

(2)through (5), respectively; ####

(2)by inserting before paragraph (2), as redesignated, the following: > > #### “(1) 24-7 sobriety program > > The term ‘24-7 sobriety program’ has the meaning given the term in section 405(d)(7)(A).” > ; ####

(3)in paragraph (5), as redesignated— #####

(A)in the matter preceding subparagraph (A), by inserting “or combination of laws or programs” after “State law”; #####

(B)by amending subparagraph

(A)to read as follows: > > ##### “(A) > > receive, for a period of not less than 1 year— > > > ###### “(i) > > a suspension of all driving privileges; > > > ###### “(ii) > > a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed, unless a special exception applies; > > > ###### “(iii) > > a restriction on driving privileges that limits the individual to operating motor vehicles only if participating in, and complying with, a 24-7 sobriety program; or > > > ###### “(iv) > > any combination of clauses

(i)through (iii);” > ; #####

(C)by striking subparagraph (B); #####

(D)by redesignating subparagraphs

(C)and

(D)as subparagraphs

(B)and (C), respectively; and #####

(E)in subparagraph (C), as redesignated— ######

(i)in clause (i)(II) by inserting before the semicolon the following: “(unless the State certifies that the general practice is that such an individual will be incarcerated)”; and ######

(ii)in clause (ii)(II) by inserting before the period at the end the following: “(unless the State certifies that the general practice is that such an individual will receive 10 days of incarceration)”; and ####

(4)by adding at the end the following: > > #### “(6) Special exception > > The term ‘special exception’ means an exception under a State alcohol-ignition interlock law for the following circumstances: > > > ##### “(A) > > 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 or controlled by the individual. > > > ##### “(B) > > The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device.” > .