SB164 Alabama 2022 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2022

Title

Driving under the influence, ignition interlock devices, other alcohol monitoring device approved by the court, Secs. 32-5A-191, 32-5A-191.4 am'd.

Summary

The bill would let courts require ignition interlock or other court-approved alcohol-monitoring devices for DUI offenders, expand pretrial diversion options, and create funding and administration changes to support indigent defendants and providers.

What This Bill Does

It allows the court to order either an ignition interlock device or any other alcohol monitoring device approved by the court for DUI cases, including during pretrial diversion. It lets defendants in pretrial diversion use an alternative monitoring device with court oversight and potential stays of license suspensions. It sets how long the monitoring device must be used based on offense history and requires proof of installation to state agencies, with license restrictions or stays and eventual completion-based commutation. It creates an indigent program and funds to reimburse providers, imposes related fees, and includes rules for administration and enforcement; the bill also notes a local-funds exemption for these changes.

Who It Affects

• DUI offenders and defendants charged with or convicted of DUI, who would be subject to ignition interlock or other court-approved alcohol-monitoring devices with varying durations depending on offense history.
• Individuals in pretrial diversion or deferred prosecution programs, who may use alternate alcohol-monitoring devices instead of ignition interlock and have potential stays of license suspensions.
• Indigent defendants, who may qualify for reduced or no-cost installation and who would benefit from a dedicated indigent fund and provider reimbursement mechanisms.
• Ignition interlock providers and related agencies (Department of Forensic Sciences and the Alabama State Law Enforcement Agency), who would implement rules, manage installations, and administer funding and oversight.

Key Provisions

• The court may order an ignition interlock device or any other alcohol monitoring device approved by the court for DUI offenses, replacing a blanket ignition interlock requirement in some circumstances.
• Pretrial diversion participants may be ordered to use an alternative alcohol monitoring device in lieu of ignition interlock, with the agency staying or commuting license restrictions upon completion of the program.
• Device duration based on offense level: 1 year for first conviction, 2 years for second, 3 years for third, and 4 years for fourth or subsequent offenses, with provisions to stay or commute license actions upon successful completion of the monitoring period.
• BAC-based enhancements: if BAC is 0.15% or higher, double the minimum punishment; if a minor or child passenger was involved, double the minimum punishment in certain cases.
• Indigent provisions: establishment of an Ignition Interlock Indigent Fund to reimburse providers, mandatory indigent service thresholds for providers (minimum five percent of installations), and annual reporting and audits.
• Fines and fees: a $200 court-ordered fee distributed to various funds; additional costs for installation, maintenance, or lease of devices payable to providers; monthly fees (e.g., up to $75) for those without vehicle or indigent status, funded to education and enforcement programs.
• Agency responsibilities: rules and oversight by the Department of Forensic Sciences and enforcement by the Alabama State Law Enforcement Agency; requirement for in-person installation and calibration by trained technicians; prohibition of remote calibration.
• Enforcement and consequences: stipulations for tampering, driving without a qualified device, and vehicle impoundment when violations occur; mandatory additional penalties and extended device use in certain repeat offenses.
• Effective date and local funding: the act has a specific effective date and includes a local-funds expenditure clause, noted as exempt from the Amendment 621 local funding requirements.

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

Subjects

Motor Vehicles