SB258 Alabama 2021 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Regular Session 2021

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

SB258 updates Alabama DUI rules by expanding chemical tests, broadening who can draw blood, and allowing impairment testimony from horizontal gaze nystagmus results, under the Danny Kendall Johnson Act.

What This Bill Does

It adds additional chemical tests that may be used to determine DUI. It expands who may withdraw blood for testing to include more qualified personnel. It allows a witness to testify about impairment based on horizontal gaze nystagmus results, provided the tester is properly trained. It includes non-substantive updates to update language and sets the act’s effective date, while noting an exemption from certain local funding requirements.

Who It Affects

• Drivers suspected or charged with DUI (including commercial drivers) who could face new or different chemical tests and new impairment evidence options.
• Law enforcement, medical personnel, and forensic staff who administer tests, collect blood samples, or provide testimony, due to expanded qualifications and new testimony allowances.

Key Provisions

• The act is named the Danny Kendall Johnson Act and amends multiple sections (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, and 32-6-49.13) to provide additional chemical tests and broaden who can withdraw blood.
• It allows a witness to provide testimony on the results of a horizontal gaze nystagmus test, and Section 3 specifically permits testimony on impairment from HGN if administered by trained personnel.
• The bill includes technical, nonsubstantive updates to update code language to current style and notes an exemption from Amendment 621 local funding requirements because it defines a new crime or amends an existing crime.
• Section 5 states the act becomes effective on the first day of the third month after passage and approval, or as otherwise provided.

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