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23 CFR § 1275.3 - Definitions.

---
identifier: "/us/cfr/t23/s1275.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "23 CFR § 1275.3 - Definitions."
title_number: 23
title_name: "Highways"
section_number: "1275.3"
section_name: "Definitions."
chapter_name: "NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "D"
subchapter_name: "TRANSFER AND SANCTION PROGRAMS"
part_number: "1275"
part_name: "REPEAT INTOXICATED DRIVER LAWS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "23 U.S.C. 164; delegation of authority at 49 CFR 1.85 and 1.95."
regulatory_source: "81 FR 67168, Sept. 30, 2016, unless otherwise noted."
cfr_part: "1275"
---

# 1275.3 Definitions.

As used in this part:

(a) *24-7 sobriety program* has the meaning given the term in § 1300.23(b) of this title.

(b) *Alcohol concentration* means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

(c) *Driving while intoxicated* means driving or being in actual physical control of a motor vehicle while having an alcohol concentration above the permitted limit as established by each State, or an equivalent non-BAC intoxicated driving offense.

(d) *Driving under the influence* has the same meaning as “driving while intoxicated.”

(e) *FHWA* means the Federal Highway Administration.

(f) *Ignition interlock system* means a State-certified system designed to prevent drivers from starting their car when their breath alcohol concentration is at or above a preset level.

(g) *Imprisonment* means confinement in a jail, minimum security facility, community corrections facility, house arrest with electronic monitoring, inpatient rehabilitation or treatment center, or other facility, provided the individual under confinement is in fact being detained.

(h) *Mandatory sentence* means a sentence that cannot be waived, suspended, or otherwise reduced by the State.

(i) *Motor vehicle* means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial vehicle.

(j) *NHTSA* means the National Highway Traffic Safety Administration.

(k) *Repeat intoxicated driver* means a person who has been convicted of driving while intoxicated or driving under the influence of alcohol more than once in any five-year period.

(l) *Repeat intoxicated driver law* means a State law or combination of laws or programs that impose the minimum penalties specified in § 1275.4 for all repeat intoxicated drivers.

(m) *State* means any of the 50 States, the District of Columbia or the Commonwealth of Puerto Rico.