SB255 Alabama 2016 Session

Under existing law, penalties are provided for driving under the influence of alcohol or controlled substances

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

This bill 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 the use of the substance or is otherwise authorized to use the substance

This bill would also specify specific blood alcohol levels for drivers under the age of 21 and for those operating a school bus

Existing law provides that only a prior conviction within a five-year period may be considered when the court imposes a sentence. This bill would remove this limitation and allow the court to consider any prior conviction for driving under the influence from this state, a municipality in this state, another state or territory, or another municipality outside this state if it occurred within 10 years of the arrest for the current violation

This bill would increase the minimum mandatory sentence for a fourth or subsequent conviction of driving under the influence from 10 to 90 days and would specify the timeframe for the release of certain persons after an arrest

This bill also substantially reorganizes the existing provisions of law relating to driving under the influence, the suspension and revocation of driver license upon a conviction for driving under the influence, and ignition interlock requirements

Existing law provides that a person who drives a motor vehicle while his or her driver 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 $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, including a DUI-related offense, would be guilty of a Class A misdemeanor with a minimum mandatory sentence of 30 days in jail

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, Code of Alabama 1975, relating to driving under the influence of alcohol or controlled substances, to further define the offense; to prohibit a person from driving who has a measurable amount of specified substances in the person's body; to specify specific blood alcohol levels for drivers under the age of 21 and for those operating a school bus; to further provide for a minimum mandatory sentence for a fourth or subsequent violation; to remove the requirement that the court only consider a prior conviction within a five-year period; to further specify the timeframe for the release of persons arrested for driving under the influence; to reorganize provisions relating to driving under the influence, the suspension or revocation of driver licenses upon convictions, and ignition interlock requirements; 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.