HB489 Alabama 2022 Session

Summary

Primary Sponsor

Ginny ShaverRepresentative

Republican

Session

Regular Session 2022

Title

Watercraft, operation of, boating under the influence, penalties for violation further provided, Sec. 32-5A-191.3 am'd.

Summary

HB489 would expand and align penalties for boating under the influence with driving under the influence by suspending both licenses after BUI or DUI convictions and setting specific vessel-privilege suspensions.

What This Bill Does

If someone is convicted of boating under the influence, their boating license and driver's license would be suspended. If someone is convicted of operating a motor vehicle under the influence, their driver's license and boating license or boater safety certification would be suspended. The bill sets specific durations for suspending vessel privileges: 90 days for a first conviction, 1 year for a second within 10 years, 3 years for a third within 10 years, and 5 years for a fourth or subsequent conviction within 10 years. It also covers scene testing authority, penalties for refusing tests, a double punishment if a child under 14 is aboard, fines directed to the State Water Safety Fund, and local-funding considerations related to the constitutional amendment.

Who It Affects

• Individuals convicted of boating under the influence, who would have both their boating license and driver's license suspended (and potentially vessel privileges) under the bill.
• Individuals convicted of operating a motor vehicle under the influence, who would have their driver's license and boating license or boater safety certification suspended (and potentially vessel privileges) under the bill.

Key Provisions

• Amends 32-5A-191.3 to suspend a boating license and a driver's license upon boating under the influence conviction.
• Amends 32-5A-191.3 to suspend a driver's license and boating license or boater safety certification upon operating a motor vehicle under the influence conviction.
• Establishes specific vessel-privilege suspensions: 90 days (first), 1 year (second within 10 years), 3 years (third within 10 years), 5 years (fourth or subsequent within 10 years).
• Requires law enforcement to administer field tests at the scene; refusal carries the same penalty as DUI test refusals.
• Adds penalties and considerations for a double punishment when a child under 14 is aboard a vessel during the offense.
• Directs fines from violations to the State Water Safety Fund in the State Treasury (to credit the Public Safety Fund).
• No points or use of a Boating Under Influence conviction to enhance motor vehicle DUI penalties or vice versa.
• For DUI convictions, the Alabama State Law Enforcement Agency must suspend vessel operating privileges or boater certification under the same conditions as 32-5A-191 (excluding ignition interlock).
• Defines a vessel and clarifies related offenses are not lesser included offenses of DUI-related charges.
• Excludes the bill from local-funding approval requirements under Amendment 621 (due to defining a new crime or amending an existing one).
• Effective date: May 1, 2023.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Vessels