Higher-Risk Impaired Driver Act

Higher-Risk Impaired Driver Act - Requires the Secretary of Transportation to transfer an increasing percentage (two percent on October 1, 2006; four percent on October 1, 2007; and six percent on October 1, 2008) of a State's Federal-aid highway funds to that State's apportionment solely for impaired driving programs if the State has not enacted or is not enforcing a higher risk impaired driver law.

Defines such a law as one that provides certain minimum penalties for: (1) a second or subsequent offense of driving while intoxicated (DWI) or driving under the influence (DUI) within a minimum of five consecutive years, of DWI or DUI with a blood alcohol concentration of .15 percent or greater, or of driving-while-suspended if the suspension was the result of a DUI conviction; or (2) refusing a blood alcohol concentration test while under arrest or investigation for involvement in a fatal or serious injury crash.

Includes among such penalties: (1) driver's license suspension; (2) motor vehicle impoundment or immobilization; (3) assessment by a certified substance abuse official and assignment to treatment; (4) imprisonment, attachment of an electronic monitoring device, or assignment to a DUI/DWI specialty facility; (5) a $1,000 fine; (6) required restitution; (7) probation; and (8) required attendance of a treatment program and a victim impact panel.