SB170 Alabama 2013 Session

Summary

Primary Sponsor

Arthur OrrSenator

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.

Summary

SB170 tightens Alabama DUI laws by redefining 'under the influence,' broadening what counts as a prior conviction, raising penalties for fourth or subsequent offenses, and expanding ignition-interlock and out-of-state conviction rules.

What This Bill Does

It redefines 'under the influence' to include impairment from any substance, sets a measurable threshold for certain drugs (including THC) to trigger DUI charges, and allows charging based on measurable amounts unless legally prescribed. It removes the five-year look-back for prior DUI-related convictions and lets out-of-state and other-jurisdiction convictions be used in sentencing. It increases the minimum jail time for a fourth or subsequent DUI from 10 days to 90 days and makes a fourth+ offense a felony with longer prison terms, along with mandatory ignition-interlock use for extended periods and requirements to complete a chemical-dependency program. It expands penalties for driving on a suspended or canceled license due to DUI (third+ offenses become Class A misdemeanors with a 30-day minimum), and imposes stricter BAC limits and penalties for under-21, school-bus/day-care, and commercial drivers, plus vehicle impoundment and enhanced fines and fund contributions.

Who It Affects

• DUI offenders in Alabama (across first through fourth+ offenses), whose penalties, license status, ignition-interlock requirements, and sentencing rules would change significantly.
• Under-21 drivers, school-bus/day-care drivers, and commercial drivers, who face lowered BAC thresholds, distinct suspension rules, and special penalties.

Key Provisions

• Defines 'under the influence' as impaired mental or physical faculties due to alcohol, a controlled substance, a drug, or any other substance, or combinations; adds a measurable threshold for certain substances (including THC) and allows charging unless there is a lawful prescription.
• Expands the set of prior convictions considered in sentencing by removing the five-year look-back and including out-of-state or other jurisdiction DUIs that violated those laws.
• Fourth or subsequent DUI offense: raises the minimum from 10 days to 90 days in jail; makes a fourth+ offense a Class C felony with penalties including 1 year and 1 day to 10 years, a mandatory minimum of 90 days in jail, possible suspension of remaining sentence, and mandatory chemical-dependency program; ignition interlock required for extended periods (up to 5 years).
• Third offense related to driving with a license canceled, denied, suspended, or revoked due to a DUI: becomes a Class A misdemeanor with a minimum 30-day jail sentence; license revocation and ignition interlock rules apply (3-year interlock period).
• Ignition interlock provisions: various durations by offense (2 years for some first/second offenses, 3 years for third, 5 years for fourth+), associated fees, conditions for license reinstatement, and extensions for violations or tampering; employers are not required to install interlocks in employer-owned vehicles.
• Under-21 and specialty-driver provisions: 0.02% BAC for under-21; suspension for first offense in the 0.02–0.08% range (30 days); school-bus/day-care drivers banned at 0.02% BAC; commercial drivers face 0.04% BAC limits; enhanced penalties when a minor is present or BAC is high (including doubling of minimum punishment).
• Vehicle impoundment for drivers whose license is canceled/suspended/revoked due to DUI offenses; towing and storage procedures and liens are established to recover the vehicle.
• Fines and fund allocations: various fines directed to state funds and local trust funds, with designated amounts for testing, training, and impairment-related funds; specific distributions differ for municipal versus state court actions.
• Habitual felony offender provisions: the habitual offender law does not apply to felony offenses under DUI-related subsections.

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