Alabama House Bill HB489

Alabama 2022 Regular Session

• Introduced: 3/10/22
• Refer: 3/10/22

Caption

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

Impact

The proposed changes under HB 489 would align the penalties for operating a vessel under the influence with those already established for motor vehicle DUI offenses. The legislation is expected to enhance safety on state waterways by imposing harsher consequences for those found guilty of such violations. Additionally, the bill introduces provisions for individuals arrested under this charge by prohibiting their release from jail until their blood alcohol content falls below 0.08 percent, similar to measures in effect for motor vehicle operators. With this alignment in penalties, lawmakers aim to deter reckless behavior on waterways.

Summary

House Bill 489 aims to revise the existing laws regarding boating under the influence of alcohol or drugs by establishing clear penalties for such offenses. The legislation proposes that individuals convicted of boating under the influence will face suspensions of both their boating licenses and driver’s licenses. Conversely, if a person is convicted for driving under the influence, their driver’s license and any boating certification will also be subject to suspension. The bill outlines specific durations for license suspensions based on the number of prior convictions, making it more stringent with repeat offenses.

Contention

While the bill is presented with the intent of improving public safety, it may face opposition regarding its implications for local funding and community enforcement. Although HB 489 is categorized under an exception to requiring local governmental approval for the implementation of its provisions, some stakeholders may raise concerns about the financial impact on local law enforcement agencies tasked with enforcing these new regulations. Furthermore, there may be discussions around the fairness of the increased penalties, particularly for individuals who may inadvertently find themselves in violation of the laws without previous offenses.