SB117 Alabama 2014 Session

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

To amend Section 32-5A-191 of the Code of Alabama 1975, as last amended by Act 2012-363 of the 2012 Regular Session, relating to driving while under the influence; to further define the offense and to define the term under the influence for the purpose of unsafe driving; to prohibit a person from driving who has a measurable amount of specified substances in the person's body; to further provide for a minimum mandatory sentence for a fourth or subsequent violation; to remove the requirement that a prior conviction considered by the court when imposing a sentence would only be a prior conviction within a five-year period; to further provide for the offenses that can be considered by a court when imposing a sentence for multiple violations; to amend Section 32-6-19 of the Code of Alabama 1975, relating to violations for driving while license or driving privilege is cancelled, denied, suspended, or revoked; to provide that a person convicted for a third or subsequent time 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; 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.