SB90 Alabama 2018 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Regular Session 2018

Title

Driving under the influence, second offense, penalty further provided for based on defendant's DUI history, Sec. 32-5A-191 am'd.

Summary

SB 90 tightens Alabama DUI penalties by expanding how prior DUI history is counted, making prior felony DUI convictions count regardless of date, and expanding ignition interlock and treatment requirements.

What This Bill Does

First, it expands how courts look back at DUI history: misdemeanor DUI convictions from the past 10 years are considered, and all prior felony DUI convictions are counted regardless of date. Second, if a person has a prior felony DUI conviction and is convicted of DUI again, that person would be classified as a Class C felony. Third, for a fourth or subsequent DUI conviction, or when the defendant has a prior felony DUI conviction, the offense would be treated as a Class C felony. Finally, it adds ignition interlock requirements with escalating durations, associated costs, and mandatory treatment programs.

Who It Affects

• DUI offenders in Alabama, especially those with prior DUI or felony DUI history, who could face harsher penalties including potential Class C felony status and longer license suspensions.
• Drivers subject to ignition interlock requirements (including first-time offenders who elect interlock and repeat offenders, as well as school bus/day care drivers and commercial drivers) who must install and maintain the device and pay related costs.

Key Provisions

• Expands lookback: misdemeanor DUI convictions within 10 years; all prior felony DUI convictions counted regardless of date.
• Any DUI conviction with a prior felony DUI conviction would be a Class C felony; fourth or subsequent DUI conviction would also be Class C, and this applies when there is a prior felony history.
• Ignition interlock requirements with escalating durations by offense: first offense may require a 90-day license suspension unless an interlock is installed for six months; second offense requires 1-year revocation and 2-year interlock; third offense 3-year revocation and 3-year interlock; fourth or more 5-year interlock.
• Costs and fees related to interlock: mandatory monthly payments (e.g., $75 for initial four months) and device installation/purchase costs; funds distributed to various programs and agencies; licensing fees for interlock-restricted licenses.
• Mandatory DUI/substance abuse treatment program referrals and proof of completion required for license reinstatement; agencies enforce interlock compliance before reissuing licenses.
• Section 2 clarifies local-funding implications under Amendment 621 and notes the bill is excluded from local-expenditure requirements because it defines a new or amended crime; Section 3 provides the effective date.

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

Subjects

Driving Under the Influence