H.R. 2788 — End DWI Act of 2025

This section sets forth congressional findings on alcohol-impaired driving, including a historic increase in fatalities since 2019 (one death every 39 minutes); a 14% rise in such deaths from 2020 to 2021, totaling 13,384 killed; ignition interlocks' reduction of recidivism by up to 70% among offenders; their requirement in 31 states and the District of Columbia; and elevated crash risks from polysubstance impairment (e.g., 44% of drivers in fatal crashes in Washington state from 2008-2016 tested positive for two or more substances, most commonly alcohol and THC).

This section establishes a national standard in new section 180 of title 23, U.S. Code, requiring states to enact and enforce laws mandating that driving while intoxicated (DWI) offenders operate only vehicles equipped with ignition interlock devices (i.e., systems that prevent vehicle ignition if breath alcohol exceeds a preset level) for a minimum of 180 days, followed by a state-determined violation-free period before restriction removal (with special exceptions permitted, such as for employer vehicles); the interlock period may occur during administrative license suspension, post-conviction, or both. It directs the Secretary of Transportation to withhold 3% of a state's apportionments under 23 U.S.C. 104(b)(1) and (2) (i.e., core formula funds for the National Highway Performance Program and Surface Transportation Block Grant Program) for FY2027 if the state is noncompliant as of October 1, 2026, increasing to 5% for FY2028 and subsequent years if noncompliant as of October 1, 2027, or thereafter. Withheld funds authorized on or before September 30, 2028, remain available until the end of the third fiscal year following the year for which authorized; upon compliance within that period, funds are apportioned to the state and remain available for obligation for three additional fiscal years (with unexpended sums lapsing thereafter); noncompliant funds lapse at period's end, and funds withheld after September 30, 2028, are permanently unavailable. It includes definitions for key terms (e.g., DWI as in 23 U.S.C. §§164, 405); makes a clerical amendment to the chapter analysis; and includes conforming amendments to 23 U.S.C. §§164(a)(6) and 405(d)(6) striking references to vehicles "controlled" by offenders (replacing certain phrases with "operated").