SB65 Alabama 2010 Session

Summary

Primary Sponsor

Rusty Glover

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

SB65 tightens DUI penalties, broadens how prior convictions are counted, and adds licensing, treatment, and funding provisions related to high BAC and repeat offenses.

What This Bill Does

It doubles the minimum penalty for a DUI with 0.15%+ BAC found within four hours of operating a vehicle. It raises the minimum sentence for a fourth offense to 120 days (not subject to probation or suspension). It clarifies that any prior conviction, regardless of date or where it occurred, counts for repeat-offender sentencing. It also expands penalties for under-21 and commercial drivers, mandates DUI/substance abuse treatment referrals, and imposes vehicle registration suspensions for repeat offenders, with funding and local-expenditure provisions tied to the new rules.

Who It Affects

• DUI offenders themselves (first through fourth+ offenses) whose penalties will increase, including longer jail time and license suspensions.
• Drivers with 0.15%+ BAC within four hours of operating a vehicle, who face doubled minimum penalties.
• Under-21 drivers who drive with any BAC at or above 0.02%, with specific suspension rules and first-offense penalties.
• Commercial drivers and school bus/day care drivers, who face stricter BAC limits and corresponding penalties.

Key Provisions

• Doubling the minimum sentence for a DUI with 0.15%+ BAC within four hours of operating a vehicle.
• Increase of the fourth-offense minimum imprisonment from 10 days to 120 days, not subject to probation or suspension.
• Any prior DUI conviction counts for repeat-offender sentencing regardless of date or state.
• Second offense (within five years) penalties: fines of $1,100–$5,100, up to 1 year in jail, and a mandatory sentence (either 5 days in jail or 30 days of community service); license revocation for 1 year.
• Third offense penalties: fines of $2,100–$10,100, 60 days to 1 year in jail (with at least 60 days served in jail), license revocation for 3 years.
• Fourth or subsequent offense: Class C felony with fines of $4,100–$10,100, imprisonment of 1 year and 1 day to 10 years, minimum 120 days in jail (may include hard labor); possible suspension of remaining sentence if chemical dependency program is completed; license revocation for 5 years.
• Mandatory treatment/referral requirements: DUI/substance abuse program completion before reissuing a license; DPS must revoke license for specified periods.
• Specific offenses for under-21 and for school bus/day care and commercial drivers: 0.02% BAC for under-21; 0.04% BAC for commercial drivers; separate penalties and suspension terms.
• Vehicle registration consequences for repeat offenders: may suspend registration for all owned vehicles for the duration of license suspension.
• Amendment 621 provisions: bill creates a new/expenditure obligation but is treated as exempt from the 2/3-vote requirement due to listed exceptions.
• Effective date: the act takes effect 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