SB255 Alabama 2016 Session

Updated Feb 27, 2026

High Interest

Summary

Primary Sponsor: Arthur OrrSenator
Republican
Session: Regular Session 2016
Title: Driving under the influence, criminal offense further defined, penalties further provided for, consideration of prior offenses expanded, Secs. 32-5A-191, 32-6-19 am'd.
Summary: SB255 would redefine DUI, expand penalties and look-back rules, and tighten ignition interlock and license-suspension provisions in Alabama.
What This Bill Does
It makes it illegal to drive with measurable amounts of specified substances in the body, with prescription defenses and specific blood alcohol thresholds for drivers under 21 and for school bus operators. It removes the previous 5-year sentencing look-back limit and allows consideration of any DUI conviction within 10 years from the arrest, including out-of-state offenses. It increases penalties for repeat offenses (including a possible Class C felony for the fourth or subsequent DUI), expands ignition interlock requirements, reorganizes license suspension/revocation rules, and adds court referrals and penalties to fund related programs. It also imposes new fees and costs for ignition interlock use and can lead to vehicle impoundment when a license is suspended or revoked for DUI.

Who It Affects
Drivers charged with DUI in Alabama (including those under 21 and school bus/day care drivers) who would face new substance thresholds, definitional changes, and enhanced penalties.
Individuals with prior DUI convictions (within Alabama or other states) within the 10-year window, and other repeat offenders, who would face longer license suspensions, longer ignition interlock requirements, and higher penalties.

Key Provisions
DUI offense expanded to include measurable amounts of listed substances in the body; prescription defense available for the substances listed under (a)(2).
Specific BAC thresholds established: 0.02% for under 21, 0.02% for school bus/day care drivers, and 0.04% for commercial drivers; 0.08% general BAC threshold remains.
Look-back period expanded: any prior DUI conviction within 10 years (from arrest) may be considered, including out-of-state offenses.
Fourth or subsequent DUI becomes a Class C felony with a minimum sentence of 1 year and 1 day, up to 10 years, plus a 90-day mandatory minimum; ignition interlock requirements extend for up to 5 years.
Second and third offenses carry heightened penalties (mandatory minimums, longer license suspensions, and longer ignition interlock periods; 2 years for interlock on second, 3 years on third).
Ignition interlock device requirements expand across offenses; devices must be installed, with penalties for violations and related fees (including a $300 interlock fee and monthly costs).
Vehicle impoundment provisions apply when driving with a suspended or revoked license due to DUI; towing and storage rules outline how the vehicle is handled.
Additional administrative and funding provisions require various fees to support interlock programs and related safety funds; the act is exempt from certain local-funding triggers by constitutional provision.
Effective date is the first day of the third month after Governor's approval.

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