SB 313

Under existing law, when a person whose license is administratively suspended for having .08 or more by weight of alcohol in the blood is convicted of DUI, the person receives credit for administrative license suspension time served toward the conviction suspension. Also, the Alabama State Law Enforcement Agency is required to rescind the administrative suspension order and remove it from the driving record when the DUI charge is dismissed, nolle prossed, or if the person is acquitted

This bill would provide the same suspension credit and benefit of removal from the driving record to anyone whose license is suspended for having an amount of alcohol in the blood above the legal limit or refusing to submit to a chemical test under implied consent laws

To amend Section 32-5A-304, Code of Alabama 1975, relating to administrative driver license suspension; to provide suspension credit from any administrative license suspension served toward the suspension period under DUI conviction; and to require the Alabama State Law Enforcement Agency to rescind the administrative suspension order and remove it from the driving record when the DUI charge is dismissed, nolle prossed, or if the person is acquitted.

Section 1

Section 32-5A-304, Code of Alabama 1975, is amended to read as follows:

§32-5A-304.

(a) A driving privilege suspension shall become effective 45 days after the person has received a notice of intended suspension as provided in Section 32-5A-303, or is deemed to have received a notice of suspension by mail as provided in Section 32-5A-302 if no notice of intended suspension was served.

(b) The period of driving privilege suspension under this section shall be as follows:

(1) Ninety days if the driving record of a person shows no prior alcohol or drug-related enforcement contacts during the immediately preceding five years.

(2) One year if the driving record of a person shows one prior alcohol or drug-related enforcement contact during the immediately preceding five years.

(3) Three years if the driving record of a person shows two or three alcohol or drug-related enforcement contacts during the immediately preceding five years.

(4) Five years if the driving record of a person shows four or more alcohol or drug-related enforcement contacts during the immediately preceding five years.

(5) For purposes of this section, "alcohol or drug-related enforcement contacts" shall include all suspensions under this article, any suspension or revocation entered in this or any other state for a refusal to submit to chemical testing under an implied consent law, and any conviction in this or any other state for a violation which involves driving a motor vehicle while having an unlawful percent of alcohol in the blood, or while under the influence of alcohol or drugs, or alcohol and drugs except that no more than one alcohol or drug-related contact on any one DUI arrest may be considered by the agency in determining the period of suspension.

(c) If a license is suspended under this section for having .08 or more by weight of alcohol in the blood of the person article and the person is also convicted on criminal charges arising out of the same occurrence for a violation of Section 32-5A-191, the suspension under this section shall be imposed, giving credit for suspension time served toward the duration of suspension or revocation required under Section 32-5A-191. If a license is suspended under this section for having .08 or more by weight of alcohol in the blood of the person article and the criminal charge against the person for violation of Section 32-5A-191 is dismissed, nolle prossed, or the person is acquitted of the charge, the director shall rescind the suspension order and remove the administrative suspension from the person's driving record, except for those persons holding a commercial driver license, a commercial learner license, or a person operating a commercial motor vehicle."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.