HB565 Alabama 2017 Session

Summary

Primary Sponsor

Arnold MooneyRepresentative

Republican

Session

Regular Session 2017

Title

Driving under the influence, ignition interlock provisions, further provided for, required for persons approved for pretrial diversion, ignition interlock fee for municipal court cases distributed to municipality, fee for indigents lowered, Sec. 32-5A-191, 32-5A-191.4 am'd.

Summary

HB565 would expand and standardize ignition interlock requirements for DUI cases (including pretrial diversion), create indigent funding for interlock services, and strengthen penalties and licensing rules for repeat offenses.

What This Bill Does

It requires ignition interlock devices for people approved for pretrial diversion for a defined period and extends interlock requirements after a third offense following incarceration. It creates an indigent interlock program with a dedicated fund to reimburse providers and ensure access for indigent defendants, with specific eligibility and cost-sharing rules. It tightens penalties for higher BAC levels and repeat offenses, imposes stricter licensing conditions, and sets up fee distributions and administrative oversight; it also notes the bill is exempt from local funding approval requirements under Amendment 621 due to it defining or amending a crime.

Who It Affects

• DUI defendants and pretrial diversion participants who would be required to install and operate ignition interlock devices for specified periods, affecting their driving privileges and vehicle use.
• Indigent defendants, ignition interlock providers, and state/local agencies (ALEA, Department of Public Safety, and courts) due to new indigent funding, reimbursement mechanisms, oversight, and fee allocations.

Key Provisions

• Amends Sections 32-5A-191 and 32-5A-191.4 to require ignition interlock devices for persons approved for pretrial diversion for a defined period and to extend interlock use after certain offenses (e.g., third offense after incarceration).
• Creates the Alabama Ignition Interlock Indigent Fund; requires providers to serve a minimum portion of indigent defendants (at least 5% of installations) and directs administration by DPS/ALEA with audits, penalties for noncompliance, and annual fund distributions to multiple state and local funds.
• Implements mandatory fees and fee distributions related to interlock use, including a $100 court-diversion fee for those completing diversion programs and a $2,000 application fee for interlock providers; funds support various testing, safety, and prosecution-related funds, and a $75 monthly fee for the first four months after conviction or installation is allocated to indigent and other funds.
• Strengthens penalties and licensing rules, including doubling minimum punishments for BAC of 0.15% or more, longer ignition interlock periods for certain violations, mandatory ignition interlock after fourth/fifth+ offenses classified as felonies, and license restrictions requiring interlock device operation; requires proof of installation to the court and DPS, with potential probation revocation for noncompliance.
• Authorizes or requires ignition interlock installation for certain offenders (e.g., those with a child passenger, third offense, or after incarceration) and sets license suspension/reinstatement processes tied to interlock compliance; tampering and circumventing the device remain illegal.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses