SB180 Alabama 2017 Session

Updated Jul 24, 2021

Senate Bill

Expired

Current Status

Regular Session 2017

Session

Sponsor

Summary

Primary Sponsor: Arthur Orr Senator
Republican
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: Under existing law, a person is prohibited from operating a motor vehicle while under the influence of alcohol or a controlled substance.
This bill would further define the offense of driving under the influence (DUI).
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.
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.
This bill would require a court to consider a defendant's misdemeanor DUI convictions from the past 10 years.
This bill would require a court to consider all of a defendant's felony DUI convictions.
Under existing law, upon a person's fourth or subsequent conviction for DUI, the person shall be guilty of a Class C felony.
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.
Under existing law, a person convicted of driving under the influence of a controlled substance may be subject to the ignition interlock program.
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.
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.
Subjects: Driving Under the Influence