HB391 Alabama 2025 Session

Updated Feb 23, 2026

Notable

Summary

Primary Sponsor: Phillip RigsbyRepresentative
Republican
Session: 2025 Regular Session
Title: Traffic offenses, drawing of blood in relation to certain traffic offenses further provided for
Summary: HB391 allows qualified blood-draw personnel to refuse to draw blood when directed by a law enforcement officer, with a court-order exception, in DUI-related testing.
What This Bill Does
It amends Section 32-5A-194 to clarify who may withdraw blood and adds a right for qualified individuals to refuse such a command, unless a court order requires compliance. It preserves the framework for admissibility of chemical test results and allows the person tested to obtain an additional test at their own expense. It also keeps liability protections for those administering tests properly and outlines test procedures and alcohol-content presumptions in DUI cases. It becomes effective October 1, 2025.

Who It Affects
Qualified blood-draw personnel (physicians, registered nurses, paramedics, phlebotomists, and other qualified individuals) who may refuse to draw blood when asked by a law enforcement officer, unless a court order requires otherwise.
Individuals suspected of driving under the influence who may undergo blood or other chemical tests, may request an additional test at their own expense, and are subject to existing alcohol-content presumptions.
Law enforcement agencies and the Department of Forensic Sciences, which oversee testing rules, permits, and the admissibility of test results.

Key Provisions
Qualified personnel may refuse to draw blood when directed by a law enforcement officer, unless a court order dictates otherwise.
Only certain professionals may withdraw blood for determining alcohol content; breath or oral fluid tests remain unaffected by this limitation.
The tested person may obtain an additional chemical test at their own expense, without preventing admission of other test results.
Written request for the test must be accompanied by full information about the test when requested.
There are liability protections for properly administering personnel, and existing DUI presumptions related to blood alcohol content are retained.
The act takes effect on October 1, 2025.

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