SB185 Alabama 2020 Session

Updated Feb 13, 2020

Summary

Primary Sponsor: Arthur OrrSenator
Republican
Session: Regular Session 2020
Title: Driver license, to provide additional circumstances in which an expert witness may give expert testimony, provide for add'l chemical tests that may be used to determine if a person was driving under the influence, to provide for who can draw blood, provide that a witness may provide testimony on the results of horizontal gaze nystagmus test, Secs. 12-21-160, 32-5-192, 32-5-200, 32-5A-194, 32-5A-300, 32-5A-301, 32-5A-302, 32-5A-303, 32-5A-304, 32-5A-306, 32-5A-307, 32-5A-308, 32-6-49.13 am'd.
Summary: SB185 would expand DUI testing and expert testimony, broaden who can draw blood for tests, allow impairment-based testimony from horizontal gaze nystagmus, and clarify local-funding rules and timing for the law.
What This Bill Does
It expands when an expert can testify by adding impairment-focused testimony for drug Recognition Experts and permitting testimony about impairment rather than just substance levels. It broadens who may withdraw blood for chemical tests beyond physicians and nurses to include additional qualified personnel, and it allows impairment evidence from horizontal gaze nystagmus tests. It also includes technical updates to modernize code language and notes that local expenditure rules under Amendment 621 may be exempt, with an effective date set for the bill to take effect a few months after passage.

Who It Affects
Drivers suspected of DUI or involved in DUI-related incidents, who may face expanded testing and impairment-based evidence; blood tests may be drawn by additional qualified personnel.
Law enforcement, drug recognition experts, medical and forensic personnel, and blood-drawing staff, who gain expanded roles in testing and in providing impairment-related testimony.

Key Provisions
Amends §12-21-160 to broaden expert testimony, allowing law enforcement witnesses with Drug Recognition Expert certification to testify about impairment (not necessarily about specific alcohol or drug concentration).
Expands chemical testing authority and blood-draw eligibility by amending §32-5-192 and §32-5A-194 to allow additional qualified persons to withdraw blood and to use tests that determine DUI impairment.
Adds that a witness may testify about impairment based on horizontal gaze nystagmus test results, with requirements that the test be performed under proper training and by personnel who completed the required HGN training.
Includes nonsubstantive technical updates to current code language and notes the local-funding provision ( Amendment 621) may be exempt, with the act becoming effective on the first day of the third month after it passes and is signed.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Drivers' Licenses