SB170 Alabama 2013 Session

Summary

Primary Sponsor

Arthur Orr Senator

Republican

Session

Regular Session 2013

Title

Motor vehicles, driving under the influence, fourth conviction, mandatory minimum jail time increased, prior convictions, five-year limitation deleted and convictions from other states included, driving without a license from conviction, penalty for fourth offense, penalty increased, Secs. 32-5A-191, 32-6-19 am'd.

Description

Existing law provides penalties for driving while under the influence of alcohol or controlled substances.

This bill would further define the offense of driving under the influence.

Under existing law, a person may be charged with driving under the influence when there is a certain percentage of alcohol in the person's blood or if the person is under the influence of a controlled substance that impairs the mental or physical faculties of the person to the extent that it renders him or her incapable of safely driving.

This bill would define "under the influence" for the purpose of the offense of driving under the influence to mean not having the normal use of mental and physical faculties by reason of the introduction into the body of alcohol, a controlled substance, a drug, or any other substance, or a combination of two or more of those substances.

The bill would consolidate the charges of driving under the influence to specify that a person may be charged with driving under the influence if the person is under the influence of any substance or substances which render the person incapable of safe driving.

This bill also would provide that a person may be charged with driving under the influence if he or she has a measurable amount of specified substances in his or her body unless the person has a valid prescription for use of the substance or is otherwise authorized to use the substance.

This bill would further increase the minimum mandatory sentence for a fourth or subsequent violation of the law from 10 days to 90 days.

Existing law provides that a prior conviction within a five-year period for driving while under the influence from this state, a municipality within this state, or another state or territory or a municipality of another state or territory would be considered by a court when imposing a sentence.

This bill would remove the requirement that a prior conviction considered by a court when imposing a sentence would only be a prior conviction within a five-year period and would provide that any prior conviction for driving while impaired from this state, a municipality within this state, or another state or territory or a municipality of another state or territory, with or without the jurisdiction having adopted the law of Alabama, so long as the offense was in violation of the law in the respective jurisdiction, would be considered by a court for imposing a sentence.

Existing law provides that a person who drives a motor vehicle while his or her driver's license or driving privilege is cancelled, denied, suspended, or revoked is guilty of a misdemeanor punishable by a minimum fine of $100 up to a maximum of $500 and imprisonment of no more than 180 days.

This bill would provide that a person convicted for a third or subsequent time for operating a motor vehicle while his or her license or driving privilege is cancelled, denied, suspended, or revoked when his or her license or driving privilege was cancelled, denied, suspended, or revoked as a consequence of a DUI-related offense would be guilty of a Class A misdemeanor with a minimum mandatory sentence of 30 days in jail.

This bill would also delete a redundant subsection providing additional penalties when a child under 14 years of age was in the vehicle at the time of a DUI offense.

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.

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Subjects

Crimes and Offenses