SB180 Alabama 2017 Session

Sponsors

Session

Regular Session 2017

Title

Driving under the influence, specify which drugs are considered controlled substances, require courts to further consider a defendant's DUI history, reorganize existing provisions of law relating to DUI and penalties, Sec. 32-5A-191 am'd.

Description

<p class="bill_description"> Under existing law, a person is prohibited from operating a motor vehicle while under the influence of alcohol or a controlled substance</p><p class="bill_description"> This bill would further define the offense of driving under the influence (DUI)</p><p class="bill_description"> 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 and would specify that it is an affirmative defense if the person has a lawful prescription regime for the use of the substance</p><p class="bill_description"> Under existing law, for purposes of enhanced penalties, a court may only consider a defendant's driving under the influence convictions from the past five years</p><p class="bill_description"> This bill would require a court to consider a defendant's misdemeanor DUI convictions from the past 10 years</p><p class="bill_description"> This bill would require a court to consider all of a defendant's felony DUI convictions</p><p class="bill_description"> Under existing law, upon a person's fourth or subsequent conviction for DUI, the person shall be guilty of a Class C felony</p><p class="bill_description"> This bill would also specify that a person with a prior felony DUI conviction would be guilty of a Class C felony for a subsequent conviction for DUI</p><p class="bill_description"> Under existing law, a person convicted of driving under the influence of a controlled substance may be subject to the ignition interlock program</p><p class="bill_description"> This bill would also require a person convicted of driving under the influence of a controlled substance to participate in random drug testing and other appropriate treatment</p><p class="bill_description"> This bill would also substantially reorganize the existing provisions of law relating to driving under the influence, the suspension and revocation of a driver's license upon conviction for DUI, and the ignition interlock requirements</p><p class="bill_entitled_an_act"> To amend Section 32-5A-191, Code of Alabama 1975, as last amended by Act 2016-259, 2016 Regular Session, relating to driving under the influence; to further define the offense of driving under the influence; to 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 and would specify that it is an affirmative defense if the person has a lawful prescription regime for the use of the substance; to provide for further consideration by a court of a defendant's prior misdemeanor driving under the influence convictions; to require a court to consider all of a defendant's prior DUI felony convictions when that defendant is convicted of a subsequent driving under the influence offense; to provide for an enhanced sentence when a defendant with a prior driving under the influence felony conviction receives a subsequent driving under the influence conviction; to require a person convicted of driving under the influence of a controlled substance to undergo random drug testing and other appropriate treatment; and to substantially reorganize the existing provisions of law relating to driving under the influence, the suspension and revocation of a driver's license upon conviction for DUI, and the ignition interlock requirements. </p>

Subjects

Driving Under the Influence