HB87 Alabama 2010 Session

Summary

Primary Sponsor

Spencer Collier

Republican

Session

Regular Session 2010

Title

Driving under the influence, prior convictions defined for purposes of second or subsequent offenses, mandatory minimum imprisonment increased for fourth or subsequent offenses, penalties for offenders with .15 percent alcohol increased, fines within certain periods to conform, Sec. 32-5A-191 am'd.

Summary

HB87 tightens Alabama's DUI laws by raising penalties for high-BAC and repeat offenses, counts all prior convictions regardless of when or where, and adds related court referrals and local-funding notes.

What This Bill Does

Key changes include doubling the minimum sentence for DUI with 0.15% BAC within four hours of operating a vehicle, and increasing the minimum for a fourth DUI offense to 120 days with no probation or suspension. It clarifies that every prior DUI conviction counts as a prior offense for repeat sentencing, regardless of date or location. Penalties for second and third offenses become stricter, and a fourth or subsequent offense would be a Class C felony with longer prison terms and mandatory minimums. The bill also requires DUI offenders to undergo court referral and treatment programs, sets stricter BAC rules for youths and commercial drivers, and establishes related license and vehicle registration consequences, plus local-funding considerations tied to constitutional provisions.

Who It Affects

• DUI offenders in Alabama (including high BAC cases and repeat offenders) who would face higher fines, longer jail time, longer license suspensions, and mandatory treatment programs.
• Local governments, taxpayers, and state agencies involved in enforcement and licensing (due to local-fund expenditure provisions and the distribution of DUI fines and related funds).

Key Provisions

• Double the minimum punishment for a DUI with 0.15% or more BAC within four hours of operating or being in control of a motor vehicle.
• Raise the minimum mandatory imprisonment for a fourth DUI offense from 10 days to 120 days, not subject to probation or suspension.
• Count any prior DUI conviction as a prior offense for sentencing, regardless of the date or where it occurred (in-state or out-of-state).
• Classify a fourth or subsequent offense as a Class C felony with fines up to $10,100 and imprisonment from 1 year 1 day to 10 years, with a mandatory minimum of 120 days served in jail and possible hard labor; license revocation for five years.
• For second and third offenses within five years, impose higher fines and imprisonment ranges, mandatory sentences (including a minimum term for the second offense), and longer driver’s license suspensions (up to three years on certain offenses).
• Require mandatory DUI/substance abuse court referral and completion of a court-approved treatment program before reissuing a driver’s license.
• Set stricter BAC thresholds and penalties for youths and commercial drivers (e.g., 0.02% BAC for under-21 offenders; 0.04% BAC for commercial drivers; 0.08% baseline with extensions for high BAC).
• Add penalties and procedures related to presence of a child in the vehicle, school-bus/day-care driver offenses, and vehicle registration suspensions for repeat offenses.
• Involve distribution of fines to various state and municipal funds and associated trusts, with specific allocations to funds like the Alabama Chemical Testing, Impaired Drivers Trust, and General Funds where applicable.
• Address local expenditures under Amendment 621 of the Alabama Constitution, noting that this bill is treated as exempt from the usual 2/3-vote requirement for local expenditures because it defines a new crime or amends an existing one.
• Effective date: the act becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses