Highway funding would shrink if laws aimed at curbing DUIs don’t change

Indiana is struggling to maintain $40.4 million in federal highway funding after the National Highway Traffic Safety Administration deemed Indiana’s drunken driving laws insufficient.

Indiana Department of Transportation spokesperson Will Wingfiel said no federal or state policies regarding drunk driving have changed since 2005. NHTSA officials reevaluated state laws in December.

“Following this review, they found a majority of states not to be in compliance,” Wingfield said. “That means that a majority of states are potentially unable to take advantage of federal funds that were previously available.”

The discrepancies between Indiana laws and the NHTSA requirements are very specific, Wingfield said. They refer to open container policies and community service for repeat offenders.

“Federal law requires a certain number of days of community service, but for it be enforceable at the state and local level it needs to be converted to hours,” he said. “The point of contention there is converting days to hours. The second item is if the driver of a limousine or a bus driver should be able to possess...an open container. It only applies to drivers of those types of vehicles.”

In reference to the second requirement, according to NHTSA, state law could be interpreted as permitting the driver of a transportation vehicle, which includes busses, house trailers and limousines, to be allowed to possess an open container. The Indiana law permits open containers only in the “passenger compartment” of vehicles, but according to NHTSA, the law could be interpreted otherwise.

Unless the laws are strengthen, INDOT cannot access the funds. The money would have to be applied to anti-drunken driving programs or highway safety improvements, Wingfield said.

“What could potentially happen is that a little more than $40 million that are distributed as public officials see fit on highway projects, will be devoted to the state safety program,” Wingfield said. “It would place a limitation on our capital program that would be able to build necessary projects.”

The state received notice of NHTSA’s reevaluation Jan. 3. The Indiana legislature has until the federal fiscal year begins in October to pass a bill updating the current law. House Roads Committee Chairman Ed Soliday, R-Valparaiso, proposed a bill that would implement these changes.

Wingfield said the time frame is unfair, considering the state does not have a full time legislature.

“It’s only fair that if NHTSA is changing its interpretation, we be given enough time to change our laws before being affected by repercussions.”

After INDOT received the letter from NHTSA, officials had 30 days to respond explaining their situation. Wingfield said they immediately responded to NHTSA, asking for more time to make state laws compliant.