HB478 Alabama 2012 Session

Summary

Primary Sponsor

Mike Jones

Republican

Co-Sponsor

David Colston

Session

Regular Session 2012

Title

Driving under the influence, crime further defined, term "under the influence" defined, Sec. 32-5A-191 am'd (2012-20536)

Summary

HB478 defines 'under the influence' for DUI, broadens impairment to include any substance, and tightens penalties with ignition interlock requirements and category-specific rules.

What This Bill Does

The bill defines DUI as impairment of mental or physical faculties due to alcohol, drugs, or other substances (or combinations) and sets specific BAC thresholds for different groups. It expands DUI charges to cover impairment from any substance that makes driving unsafe, and it creates an escalating penalty structure from first to fourth+ offenses, including fines, jail time, license suspensions, and mandatory ignition interlock devices. It also imposes stricter rules for special groups (under 21, school bus/day care drivers, and commercial drivers), requires DUI/substance abuse court referral programs, and introduces administrative fees and designation requirements for ignition interlocks. The act becomes effective August 1, 2012 and includes provisions about local-government funding considerations under constitutional rules.

Who It Affects

• General drivers charged with DUI (of any age) would face a clearer 'under the influence' standard, longer license suspensions, higher fines, mandatory ignition interlock use, and required participation in DUI or substance abuse programs.
• Special categories include under-21 drivers, school bus/day care drivers, and commercial drivers, who face lower BAC thresholds or distinct penalties (e.g., 0.02% for under 21; 0.02% for school bus/day care; 0.04% for commercial drivers) and related ignition interlock requirements.

Key Provisions

• Defines 'under the influence' as impairment of mental or physical faculties due to alcohol, a controlled substance, a drug, or any other substance, or combinations of those substances.
• Sets BAC thresholds and related offenses: 0.08%+ for general DUI; 0.02%+ for under-21 offenders; 0.04%+ for commercial drivers; and includes impairment-based offenses regardless of BAC.
• Unifies DUI charges to cover any substance that renders the driver incapable of safely driving, not just alcohol or controlled substances alone.
• Imposes escalating penalties across convictions: first (up to 1 year in jail, $600–$2,100 fine, 90-day license suspension); second (higher fines and a mandatory minimum jail time, license revocation of at least 1 year, ignition interlock for 2 years); third (larger fines, at least 60 days in jail, license revocation for 3 years, ignition interlock for 3 years); and fourth or subsequent (Class C felony with substantial fines and lengthy imprisonment, ignition interlock for 5 years).
• Requites ignition interlock devices for certain offenses and durations, with extensions for violations (e.g., tampering, calibration failures, or multiple BAC violations), and designates the vehicle to use the device.
• Adds provisions for high BAC (0.15%+) or presence of a minor (double minimum punishment) and requires DUI or substance abuse court referrals with proof of completion before license reinstatement.
• Creates special rules for school bus/day care drivers (0.02% BAC; first offense may trigger a one-year suspension) and for commercial drivers (0.04% BAC; CDL disqualification).
• Requires administrative fees related to interlock devices and sets up fund allocations for related programs and law enforcement, with certain distributions to state and local funds.
• Specifies that local-government expenditure rules under Amendment 621 may be triggered, but the bill is carved out as an exception since it creates or amends crimes; effective date is August 1, 2012.

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