HB322 Alabama 2010 Session

Summary

Primary Sponsor

Jim McClendon

Republican

Session

Regular Session 2010

Title

Motor vehicles, driving under the influence, penalties to include mandatory use of ignition interlock device under certain conditions, Forensic Sciences Department to approve devices, Public Safety Department to issue restricted driver's license, fee, provisions for indigent defendants, Sec. 32-5A-191.4 added; Sec. 32-5A-191 am'd. (2010-20173)

Summary

HB322 would require ignition interlock devices for DUI offenders under escalating conditions, set up a certification and funding framework, and create restricted licenses and stringent penalties tied to DUI convictions in Alabama.

What This Bill Does

The bill requires ignition interlock devices to be installed on vehicles driven by people convicted of DUI, with the duration increasing by the number of convictions. It authorizes the Department of Public Safety to issue restricted licenses allowing driving only with an interlock and to charge fees for license issuance and reinstatement. It creates Certification and funding provisions for interlock devices, treatment referrals, indigent support, and sets penalties that grow from first through fourth or subsequent offenses, including possible felony charges for repeat offenses. It also directs the Forensic Sciences Department to certify devices and establishes rules, training, and liability protections related to interlock use.

Who It Affects

• DUI offenders (by number of prior offenses): face mandatory interlock installation for designated vehicles, license suspensions, and escalating penalties (imprisonment, fines, and mandatory interlock use for set periods).
• Ignition interlock providers and state/public safety agencies: must certify devices, collect and manage fees, administer restricted licenses, reimburse providers for indigent cases, and enforce compliance through court and DPS processes.

Key Provisions

• Adds 32-5A-191.4 defining ignition interlock devices, requiring BAC testing thresholds (start prohibition at around 0.03), in-vehicle monitoring by trained technicians, and prohibition of remote calibration; imposes a $2,000 application fee on interlock providers and allows the Department of Forensic Sciences to set governing rules and certify devices.
• Amends 32-5A-191 to require ignition interlock installation for offenders under escalating terms based on convictions (first up to 1 year; second up to 2 years; third up to 3 years; fourth or more up to 5 years) and to impose suspension/revocation timelines, mandatory sentences, and mandatory interlock use tied to driving privileges.
• Authorizes the Department of Public Safety to issue restricted licenses for driving only with an ignition interlock and to charge a fee for issuance and reissuance; requires proof of interlock installation before license reissuance; imposes continuing interlock requirements during the restricted period.
• Creates indigent provisions: an Interlock Indigent Fund funded by fines and a $75 monthly contribution (for 12 months) to reimburse providers; providers and the fund have defined payment schedules and conditions for reimbursement, with eligibility determined by indigency rules and court orders.
• Establishes enforcement and compliance measures, including vehicle impoundment for violations of interlock conditions, mandatory treatment referrals, and penalties for tampering with or bypassing devices; sets local fund/district allocations for fines and funds associated with the interlock program.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Motor Vehicles