SB386 Alabama 2011 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Regular Session 2011

Title

Motor vehicles, driving under the influence, minimum mandatory sentence, fourth or subsequent violation provided for, offenses considered when sentencing, Sec. 32-5A-191 am'd.

Summary

SB386 seeks to stiffen DUI penalties by raising the minimum jail time for a fourth or subsequent offense and broadening which past convictions can be used for sentencing, while adding related treatment and enforcement provisions.

What This Bill Does

It increases the minimum mandatory sentence for a fourth or subsequent DUI from at least 10 days to at least 90 days in county jail, with the possibility of suspending part of the sentence if the offender completes a state-certified chemical dependency program. It also removes the five-year look-back limit for prior DUI convictions and allows any prior DUI conviction from Alabama or another state/territory to be used in sentencing, as long as the offense violated the law where it occurred. Additionally, it imposes a five-year license suspension for fourth or subsequent offenses and may suspend vehicle registrations for all vehicles owned by the repeat offender during that period, with hardship exceptions; it includes mandatory court referrals to DUI/substance abuse programs and imposes specific penalties for DUI involving a child present, school bus/day care drivers, and commercial drivers.

Who It Affects

• Fourth or subsequent DUI offenders (and those with out-of-state DUI convictions) who would face a higher minimum sentence, longer license suspension, and potential vehicle registration suspension.
• Drivers under 21, school bus/day care drivers, and commercial drivers who are subject to lower BAC thresholds and related penalties, as well as mandatory treatment and referral requirements.

Key Provisions

• Raise the minimum sentence for a fourth or subsequent DUI offense to at least 90 days in county jail; classify the offense as a Class C felony with a fine of $4,100 to $10,100 and potential imprisonment up to 10 years.
• Require the minimum sentence for a fourth or subsequent DUI to include at least one year and one day of imprisonment, with the remainder potentially suspended or probated if the defendant completes a state-certified chemical dependency program; authority to impose house arrest with electronic monitoring during probation.
• Eliminate the five-year look-back for prior DUI convictions and require consideration of any prior DUI conviction from Alabama or other states/territories where the offense violated local law for sentencing purposes.
• Impose a five-year revocation of driving privileges for fourth or subsequent DUI offenses and suspend registrations for all vehicles owned by the repeat offender during the suspension period, subject to hardship exemptions.
• Add requirements for court referral to a DUI or substance abuse program and mandatory completion of such programs before driving privileges are restored.
• Apply special BAC thresholds and penalties for specific drivers: school bus/day care drivers with a 0.02 BAC limit, commercial drivers with a 0.04 BAC limit, and enhanced penalties for offenses involving a child under 14 present in the vehicle.
• Direct penalties and procedures related to fines, license and registration actions, and local-funding considerations, noting the bill’s stated exceptions under Amendment 621 which allow the measure to take effect without a 2/3 local 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