HB361 Alabama 2011 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Co-Sponsors

Howard SanderfordAllen TreadawayTerri CollinsApril WeaverKurt WallaceDavid ColstonDarrio MeltonAllen FarleyDexter GrimsleyJim McClendonSteve McMillanJohnny Mack MorrowElwyn ThomasRandy DavisMike HillMac McCutcheonGregory CanfieldDickie DrakeHarry ShiverAlan BakerJuandalynn Givan

Session

Regular Session 2011

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.

Summary

HB361 would require ignition interlock devices for DUI offenders, tighten penalties with device requirements, and create funding and oversight for installation, testing, and indigent access.

What This Bill Does

The bill adds rules for ignition interlock devices, with the Department of Forensic Sciences approving devices and technicians installing and calibrating them. It amends DUI penalties to require interlock use for first through fourth or subsequent offenses, with escalating license suspensions and interlock periods (up to five years for the most severe repeat offenses). It creates fees for licenses and interlock services, establishes the Alabama Interlock Indigent Fund to help indigent offenders, and requires proof of device installation for license reinstatement along with court-ordered treatment referrals; it also allows vehicle impoundment if a restricted driver operates a vehicle without an interlock.

Who It Affects

• DUI offenders (including adults and youths under 21) who would face license suspensions and mandatory ignition interlock device use for varying periods depending on offense level and history.
• Indigent defendants, ignition interlock providers, and state agencies (DPS, Department of Forensic Sciences, courts, district attorneys) who are affected by new installation requirements, fees, and reimbursement programs through the Alabama Interlock Indigent Fund.

Key Provisions

• Ignition interlock devices become required after DUI convictions, with periods of interlock use and license suspension increasing from first through fourth+ convictions (e.g., 1-year interlock after first offense; 2-year interlock for certain enhanced first offenses or second offenses within five years; 3-year interlock for third offenses; 5-year interlock for fourth or subsequent offenses).
• Penalties include fines and varying jail time; mandatory sentences and license revocation periods accompany the interlock requirements, and additional penalties apply if a child is present, BAC is high (0.15+), or injury occurs.
• The Department of Forensic Sciences must approve ignition interlock devices, set installation rules, maintain a list of approved devices, and require trained technicians for installation and calibration (remote calibration is prohibited).
• A $2,000 DFS application fee is charged to ignition interlock providers to evaluate devices; providers approved to install devices can operate in Alabama, with liability limited except in cases of negligence or misconduct.
• The bill sets fees for restricted licenses ($ up to $150 issuance) and for reissuing regular licenses ($75), with distributions to counties, DPS, and related funds; it also establishes the Alabama Interlock Indigent Fund to reimburse providers and support indigent offenders.
• Indigent offenders may install interlocks via court orders, paying half of installation costs; providers contribute to the Indigent Fund (1.5% of payments), and funds are allocated annually to DPS, DFS, district attorneys, and prosecution services.
• Violations include driving without an interlock while restricted, tampering with the device, or attempting to share a vehicle to bypass the interlock; penalties for these acts are outlined, including possible imprisonment.
• Vehicle impoundment by law enforcement is allowed if a person operates a vehicle without a functioning interlock, with specific procedures and exceptions for emergencies.
• Provisions for restoration/reinstatement require proof of interlock installation within 30 days; indigent status provisions cover installation costs and proof, with court orders guiding reimbursement.
• The act is named the Matthew John Dahl DUI Prevention Act and becomes operative 12 months after enactment, with certain provisions taking effect on that date.

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