SB291 Alabama 2011 Session

Summary

Primary Sponsor

Tom Whatley

Republican

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

SB291 would require DUI offenders to install and operate ignition interlock devices in vehicles they drive, certify those devices, and manage restricted licenses with related funding and indigent provisions.

What This Bill Does

It requires ignition interlock devices for DUI offenders to be installed and operated for increasing periods based on conviction history, and makes such devices a bail condition. It creates a framework where the Department of Forensic Sciences certifies devices and the Department of Public Safety issues restricted licenses with specific fees. It provides liability protections for the state and installers, and establishes indigent provisions and a reimbursement mechanism for providers. It also adds definitions and procedures for ignition interlock licenses and compliance, and notes local funding implications under a constitutional provision.

Who It Affects

• DUI offenders (including those arrested or on bail) who would be required to install and operate ignition interlock devices on any vehicle they drive, with penalties and license restrictions linked to their offense history.
• Ignition interlock device installers and state agencies (Department of Forensic Sciences and Department of Public Safety) that certify, install, calibrate, monitor devices, issue restricted licenses, set fees, and administer indigent funding.

Key Provisions

• Amends Section 32-5A-191 to require ignition interlock installation and operation for DUI offenders for increasing periods based on conviction count, and to make interlock a bail condition.
• Adds Section 32-5A-191.4 defining ignition interlock concepts (device, license, revoked/suspended license) and establishing processes for obtaining an ignition interlock license after license suspension or revocation.
• Gives the Department of Public Safety authority to set and collect fees (up to $150 for issuance of an ignition interlock license and up to $75 for reissuance of a regular license) and to deposit those funds into the Highway and Traffic Safety Fund for related costs.
• Requires ignition interlock devices to be installed, calibrated, and monitored by trained technicians (no mail-in calibration) and directs the Department of Forensic Sciences to formulate rules and oversee device approval and use; provides liability protections for installers absent negligence or willful conduct.
• Establishes indigent provisions: indigent defendants may have devices installed; courts determine hardship; providers are partially reimbursed from the Alabama Interlock Indigent Fund (3% of provider payments), with a process for partial payments and court ordering; funds also support education and enforcement through the Impaired Driving Fund.
• Imposes enforcement and upgrade requirements: violations of interlock conditions extend the required device period; driving with a prohibited interlock device can lead to vehicle impoundment and enhanced penalties; tampering with devices is illegal and punishable.
• Note: The bill states it would require a new or increased local expenditure but is excluded from Amendment 621 constraints because it defines a new or amended crime; effective date is the first day of the third month after passage.

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