HB397 Alabama 2023 Session

Summary

Primary Sponsor

Arnold MooneyRepresentative

Republican

Session

Regular Session 2023

Title

Relating to driving under the influence and the requirements for the installation of an ignition interlock device by a person charged with driving under the influence and approved for a pretrial diversion program; to repeal Section 2 of Act 2018-517 of the 2018 Regular Session, now appearing as Section 32-5A-191 of the Code of Alabama 1975, effective July 1, 2023, which would delete provisions requiring the installation of ignition interlock by a person charged with driving under the influence and approved for a pretrial diversion program; and to amend Section 4 of Act 2018-517 of the 2018 Regular Session to conform to this act.

Summary

HB397 would restore the requirement that a DUI offender in a pretrial diversion program must install an ignition interlock device for a minimum period, undoing a later change that would have removed it.

What This Bill Does

The bill repeals the part of Act 2018-517 that would delete the ignition interlock requirement for DUI offenders in pretrial diversion. It amends the same Act to conform with this restoration, re-establishing the six-month minimum (or duration of diversion) ignition interlock requirement. It specifies that these provisions apply to offenses after the act becomes effective and includes conforming transitional rules. The act becomes effective immediately following governor approval.

Who It Affects

• Individuals charged with DUI who are approved for pretrial diversion: would be required to install an approved ignition interlock device for at least six months or for the duration of the diversion.
• Pretrial diversion program administrators and the courts: must enforce and oversee the ignition interlock requirement for eligible participants.
• Ignition interlock device providers/installers: anticipated increased demand to install devices for eligible DUI cases.

Key Provisions

• Repeal Section 2 of Act 2018-517 (Section 32-5A-191) to remove the deletion that would have eliminated the ignition interlock requirement, effectively restoring the requirement for pretrial diversion DUI cases.
• Amend Section 4 of Act 2018-517 to conform with the restoration, including applicability to offenses after the act’s effective date and transitional/implementation provisions (including a five-year directive related to the referenced sections).

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

Subjects

Driving under the influence, installation of an ignition interlock device in pretrial diversion cases.