SB67 Alabama 2011 Session

Sponsors

Session

Regular Session 2011

Title

Driving under the influence, and driving under the influence with child present in vehicle, penalties for offenders with .15 percent alcohol increased, revocation of driver's license under certain conditions, Sec. 32-5A-191 am'd.

Description

Under existing law, there are no additional penalties for driving under the influence with an extreme percentage of blood alcohol content.

This bill would double the minimum sentence for a person convicted of DUI who has 0.15 percent or greater by weight of alcohol in his or her blood.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

Relating to Alabama's DUI law; to amend Section 32-5A-191 of the Code of Alabama 1975; to provide for a mandatory sentence of at least double the minimum punishment for a person convicted of DUI who has 0.15 percent or more by weight of alcohol in his or her blood within four hours of operating or being in control of a motor vehicle; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Subjects

Crimes and Offenses