SB276 Alabama 2011 Session

Summary

Primary Sponsor

Ben H. Brooks

Republican

Co-Sponsors

Clay ScofieldPhillip W. WilliamsBill HoltzclawShadrack McGillHarri Anne SmithJimmy HolleyArthur OrrRusty GloverBryan Taylor

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

SB276 would require ignition interlock devices for DUI offenders under escalating timeframes, create certification and licensing processes, and establish funding and enforcement provisions to support indigent defendants and providers.

What This Bill Does

It mandates that DUI offenders drive only vehicles equipped with ignition interlock devices for increasing periods based on the number of convictions and aggravating factors, and it can impose interlock requirements as a condition of bail. It authorizes the Department of Public Safety to issue restricted licenses for driving only with an interlock device and to set related license and reinstatement fees. It requires the Department of Forensic Sciences to certify devices, establish installation rules, approve providers, and maintain a list of approved devices; providers must pay an application fee and may be reimbursed from an indigent fund. It also strengthens penalties for violations, requires treatment referrals, and provides funding mechanisms (including for indigent defendants) to support device installation and enforcement.

Who It Affects

• DUI offenders: face escalating interlock requirements and license suspensions tied to conviction counts and aggravating factors (e.g., BAC >= 0.15, a child present, or an injury).
• Indigent defendants: may receive device installation at reduced or shared cost, with funds and processes described to subsidize costs.
• Vehicle owners and co-owners: may be subject to license suspensions or interlock requirements tied to the offender's restrictions; restricted licenses may limit driving to interlock-equipped vehicles.
• Ignition interlock providers: must be approved by the Department of Forensic Sciences, pay fees, and participate in reimbursement programs for indigent cases.
• Department of Public Safety and Department of Forensic Sciences: gain new duties to issue restricted licenses, certify devices, regulate providers, and manage related fees and funds.
• Courts, prosecutors, and local law enforcement: enforce new penalties, administer program requirements, and handle fees and impoundment rules.

Key Provisions

• Amends 32-5A-191 to require ignition interlock devices for DUI offenders with time periods increasing from 1 year after the first conviction (with 90 days license suspension) to 2 years after the second conviction, 3 years after the third, and 5 years after a fourth or subsequent conviction, with corresponding license suspensions.
• Adds Section 32-5A-191.4 defining ignition interlock devices, requiring in-person installation/calibration by trained technicians, prohibiting mail-in calibration, and establishing DFS rules and an approved device list.
• DFS may adopt external guidelines, charges a $2,000 application fee to providers for device evaluation, and providers approved by DFS may install/calibrate devices in Alabama; establishes limited liability for installers absent negligence.
• Requires proof of installation within 30 days when an interlock is imposed; allows indigent status with half the cost covered and establishes the Alabama Interlock Indigent Fund funded by provider payments and allocated to DPS, DFS, DAs, and related offices; end-of-year distributions specified.
• Imposes ongoing fees for restricted licenses (up to $150 issuance, $75 reissuance) and designates how funds are distributed to counties and state accounts; requires proof of installation for license restoration and extends interlock time for violations (tampering, poor servicing, etc.).
• Provides penalties and enforcement measures for violations of interlock requirements, including vehicle impoundment, mandatory minimum jail time for repeat offenses, and extensions of interlock usage across violations.
• Declares the act exempt from Amendment 621 local-fund expenditure requirements due to creating or redefining a crime, and sets operative timing to begin 12 months after passage with agency-rule-facilitating provisions.

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

Subjects

Motor Vehicles