SB195 Alabama 2021 Session

Summary

Primary Sponsor

Sam GivhanSenator

Republican

Co-Sponsors

Tim MelsonArthur Orr

Session

Regular Session 2021

Title

Motor vehicles, driving offenses, administrative suspension periods revised for certain driving offenses, Secs. 32-5-192, 32-5A-195, 32-5A-304 am'd.

Summary

SB195 revises Alabama's administrative license suspensions for DUI and related offenses, including how long suspensions last and how nonresident drivers are treated.

What This Bill Does

It sets tiered administrative suspension lengths for DUI-related offenses (90 days for first offense with no prior, 1 year for one prior, 3 years for two or three priors, and 5 years for four or more priors) and defines how 'alcohol or drug-related enforcement contacts' are counted. If a DUI charge is dismissed or the person is acquitted, the suspension period can be reduced or rescinded. Nonresident drivers may have their driving privileges suspended or denied, with records shared with their home state, and notice and hearing rights are provided for suspensions. The bill also preserves a 90-day minimum suspension for refusing to submit to chemical testing and makes technical updates to the code language, with an effective date set for the first day of the third month after passage.

Who It Affects

• Drivers in Alabama (residents and nonresidents) charged with DUI or offenses involving alcohol or drugs, and those who refuse chemical testing; they face changes in how long their licenses can be suspended and under what conditions.
• Nonresident drivers whose driving privilege in Alabama may be suspended or denied and whose conviction records may be shared with their home state.

Key Provisions

• Provision 1: Maintains a 90-day minimum administrative suspension for refusing to submit to a chemical test, with the state designating which test is used if multiple tests are available.
• Provision 2: Establishes tiered suspension periods under 32-5A-304 for DUI-related offenses—90 days (no prior enforcement contacts), 1 year (one prior contact), 3 years (two or three priors), and 5 years (four or more priors)—based on 'alcohol or drug-related enforcement contacts' and limits consideration to at most one contact per DUI arrest; allows credit for time served if a criminal DUI charge is dismissed or acquitted.
• Provision 3: Allows suspension or revocation of a nonresident's driving privilege in Alabama, requires notification, and requires forwarding of conviction records to the driver's home state or other states as appropriate.
• Provision 4: Provides hearing rights and procedures for suspensions, including timing (not to exceed 30 days for a hearing) and the issues to be considered (grounds for believe, arrest, refusal, and related determinations), with options to appeal the final order.
• Provision 5: Sets an effective date of the first day of the third month after passage and includes nonsubstantive, technical revisions to update language to current style.

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

Subjects

Motor Vehicles