Alabama 2022 Regular Session

Alabama Senate Bill SB164 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 SB164
2	2	2 216730-1
3	3	3 By Senator Whatley
4	4	4 RFD: Judiciary
5	5	5 First Read: 02-FEB-22
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7	7	Page 0 1 216730-1:n:02/01/2022:CNB*/bm LSA2022-422
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14	14	8 SYNOPSIS: Under existing law, there are circumstances
15	15	9 where a defendant is required to install an
16	16	10 ignition interlock device if convicted of driving
17	17	11 under the influence.
18	18	12 This bill would give the court the option to
19	19	13 order a defendant to install an ignition interlock
20	20	14 device or any other alcohol monitoring device
21	21	15 approved by the court.
22	22	16 Under existing law, when a defendant charged
23	23	17 with driving under the influence enters any
24	24	18 pretrial diversion or similar program, the
25	25	19 defendant is required to install an ignition
26	26	20 interlock device.
27	27	21 This bill would provide that the defendant
28	28	22 may be required by the court to install any other
29	29	23 alcohol monitoring device in lieu of an ignition
30	30	24 interlock device.
31	31	25 Amendment 621 of the Constitution of Alabama
32	32	26 of 1901, as amended by Amendment 890, now appearing
33	33	27 as Section 111.05 of the Official Recompilation of
34	34	Page 1 1 the Constitution of Alabama of 1901, as amended,
35	35	2 prohibits a general law whose purpose or effect
36	36	3 would be to require a new or increased expenditure
37	37	4 of local funds from becoming effective with regard
38	38	5 to a local governmental entity without enactment by
39	39	6 a 2/3 vote unless: it comes within one of a number
40	40	7 of specified exceptions; it is approved by the
41	41	8 affected entity; or the Legislature appropriates
42	42	9 funds, or provides a local source of revenue, to
43	43	10 the entity for the purpose.
44	44	11 The purpose or effect of this bill would be
45	45	12 to require a new or increased expenditure of local
46	46	13 funds within the meaning of the amendment. However,
47	47	14 the bill does not require approval of a local
48	48	15 governmental entity or enactment by a 2/3 vote to
49	49	16 become effective because it comes within one of the
50	50	17 specified exceptions contained in the amendment.
51	51	18
52	52	19 A BILL
53	53	20 TO BE ENTITLED
54	54	21 AN ACT
55	55	22
56	56	23 Relating to persons charged with driving under the
57	57	24 influence; to amend Sections 32-5A-191 and 32-5A-191.4, Code
58	58	25 of Alabama 1975, to require and provide for the use of
59	59	26 ignition interlock devices or any other device approved for
60	60	27 alcohol monitoring; and in connection therewith would have as
61	61	Page 2 1 its purpose or effect the requirement of a new or increased
62	62	2 expenditure of local funds within the meaning of Amendment 621
63	63	3 of the Constitution of Alabama of 1901, as amended by
64	64	4 Amendment 890, now appearing as Section 111.05 of the Official
65	65	5 Recompilation of the Constitution of Alabama of 1901, as
66	66	6 amended.
67	67	7 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
68	68	8 Section 1. Section 32-5A-191, Code of Alabama 1975,
69	69	9 effective until July 1, 2023, is amended to read as follows:
70	70	10 "§32-5A-191.
71	71	11 "(a) A person shall not drive or be in actual
72	72	12 physical control of any vehicle while:
73	73	13 "(1) There is 0.08 percent or more by weight of
74	74	14 alcohol in his or her blood;
75	75	15 "(2) Under the influence of alcohol;
76	76	16 "(3) Under the influence of a controlled substance
77	77	17 to a degree which renders him or her incapable of safely
78	78	18 driving;
79	79	19 "(4) Under the combined influence of alcohol and a
80	80	20 controlled substance to a degree which renders him or her
81	81	21 incapable of safely driving; or
82	82	22 "(5) Under the influence of any substance which
83	83	23 impairs the mental or physical faculties of such person to a
84	84	24 degree which renders him or her incapable of safely driving.
85	85	25 "(b)(1) A person who is under the age of 21 years
86	86	26 shall not drive or be in actual physical control of any
87	87	27 vehicle if there is 0.02 percent or more by weight of alcohol
88	88	Page 3 1 in his or her blood. The Alabama State Law Enforcement Agency
89	89	2 shall suspend or revoke the driver's license of any person,
90	90	3 including, but not limited to, a juvenile, child, or youthful
91	91	4 offender, convicted or adjudicated of, or subjected to a
92	92	5 finding of, delinquency based on this subsection.
93	93	6 Notwithstanding the foregoing, upon the first violation of
94	94	7 this subsection by a person whose blood alcohol level is
95	95	8 between 0.02 and 0.08, the person's driver's license or
96	96	9 driving privilege shall be suspended for a period of 30 days
97	97	10 in lieu of any penalties provided in subsection (e) of this
98	98	11 section, and there shall be no disclosure, other than to
99	99	12 courts, law enforcement agencies, the person's attorney of
100	100	13 record, and the person's employer, by any entity or person of
101	101	14 any information, documents, or records relating to the
102	102	15 person's arrest, conviction, or adjudication of or finding of
103	103	16 delinquency based on this subsection.
104	104	17 "(2) All persons, except as otherwise provided in
105	105	18 this subsection for a first offense, including, but not
106	106	19 limited to, a juvenile, child, or youthful offender, convicted
107	107	20 or adjudicated of or subjected to a finding of delinquency
108	108	21 based on this subsection shall be fined pursuant to this
109	109	22 section, notwithstanding any other law to the contrary, and
110	110	23 the person shall also be required to attend and complete a DUI
111	111	24 or substance abuse court referral program in accordance with
112	112	25 subsection (k).
113	113	26 "(c)(1) A school bus or day care driver shall not
114	114	27 drive or be in actual physical control of any vehicle while in
115	115	Page 4 1 performance of his or her duties if there is greater than 0.02
116	116	2 percent by weight of alcohol in his or her blood. A person
117	117	3 convicted pursuant to this subsection shall be subject to the
118	118	4 penalties provided by this section, except that on the first
119	119	5 conviction the Secretary of the Alabama State Law Enforcement
120	120	6 Agency shall suspend the driving privilege or driver's license
121	121	7 for a period of one year.
122	122	8 "(2) A person shall not drive or be in actual
123	123	9 physical control of a commercial motor vehicle, as defined in
124	124	10 49 CFR Part 383.5 of the Federal Motor Carrier Safety
125	125	11 Regulations as adopted pursuant to Section 32-9A-2, if there
126	126	12 is 0.04 percent or greater by weight of alcohol in his or her
127	127	13 blood. Notwithstanding the other provisions of this section,
128	128	14 the commercial driver's license or commercial driving
129	129	15 privilege of a person convicted of violating this subdivision
130	130	16 shall be disqualified for the period provided in accordance
131	131	17 with 49 CFR Part 383.51, as applicable, and the person's
132	132	18 regular driver's license or privilege to drive a regular motor
133	133	19 vehicle shall be governed by the remainder of this section if
134	134	20 the person is guilty of a violation of another provision of
135	135	21 this section.
136	136	22 "(3) Any commutation of suspension or revocation
137	137	23 time as it relates to a court order, approval, and
138	138	24 installation of an ignition interlock device or any other
139	139	25 alcohol monitoring device approved by the court shall not
140	140	26 apply to commercial driving privileges or disqualifications.
141	141	Page 5 1 "(d) The fact that any person charged with violating
142	142	2 this section is or has been legally entitled to use alcohol or
143	143	3 a controlled substance shall not constitute a defense against
144	144	4 any charge of violating this section.
145	145	5 "(e) Upon first conviction, a person violating this
146	146	6 section shall be punished by imprisonment in the county or
147	147	7 municipal jail for not more than one year, or by fine of not
148	148	8 less than six hundred dollars ($600) nor more than two
149	149	9 thousand one hundred dollars ($2,100), or by both a fine and
150	150	10 imprisonment. In addition, on a first conviction, the
151	151	11 Secretary of the Alabama State Law Enforcement Agency shall
152	152	12 suspend the driving privilege or driver's license of the
153	153	13 person convicted for a period of 90 days. The 90-day
154	154	14 suspension shall be stayed if the offender elects to have an
155	155	15 approved ignition interlock device installed and operating on
156	156	16 the designated motor vehicle driven by the offender or elects
157	157	17 to have any other alcohol monitoring device approved by the
158	158	18 court operational for 90 days. The offender shall present
159	159	19 proof of installation of the approved ignition interlock
160	160	20 device to the Alabama State Law Enforcement Agency agency and
161	161	21 obtain an ignition interlock restricted driver license or
162	162	22 shall present proof of installation, purchase, or lease of any
163	163	23 other alcohol monitoring device approved by the court to the
164	164	24 agency. The remainder of the suspension shall be commuted upon
165	165	25 the successful completion of the elected use, mandated use, or
166	166	26 both, of the ignition interlock device or any other alcohol
167	167	27 monitoring device approved by the court. If, on a first
168	168	Page 6 1 conviction, any person refusing to provide a blood alcohol
169	169	2 concentration, if a child under the age of 14 years was a
170	170	3 passenger in the vehicle at the time of the offense, if
171	171	4 someone else besides the offender was injured at the time of
172	172	5 the offense, or if the offender is found to have had at least
173	173	6 0.15 percent or more by weight of alcohol in his or her blood
174	174	7 while operating or being in actual physical control of a
175	175	8 vehicle, the Secretary of the Alabama State Law Enforcement
176	176	9 Agency shall suspend the driving privilege or driver's license
177	177	10 of the person convicted for a period of 90 days and the person
178	178	11 shall be required to either have an ignition interlock device
179	179	12 installed and operating on the designated motor vehicle driven
180	180	13 by the offender for a period of one year from the date of
181	181	14 issuance of a driver's license indicating that the person's
182	182	15 driving privileges are subject to the condition of the
183	183	16 installation and use of a certified ignition interlock device
184	184	17 on a motor vehicle or have any other alcohol monitoring device
185	185	18 approved by the court purchased or leased and operational for
186	186	19 a period of one year from the date the offender provides proof
187	187	20 of installation, purchase, or lease of the alcohol monitoring
188	188	21 device to the court and the agency. Upon receipt of a court
189	189	22 order from the convicting court, upon issuance of an ignition
190	190	23 interlock restricted driver license, and upon proof of
191	191	24 installation of an operational approved ignition interlock
192	192	25 device on the designated vehicle of the person convicted, the
193	193	26 mandated ignition interlock period of one year provided in
194	194	27 this subsection shall start and the suspension period,
195	195	Page 7 1 revocation period, or both, as required under this subsection
196	196	2 shall be stayed. If the court ordered any other alcohol
197	197	3 monitoring device in lieu of an ignition interlock device,
198	198	4 upon receipt of a court order from the convicting court that
199	199	5 the person convicted has provided proof of installation,
200	200	6 purchase, or lease of an alcohol monitoring device approved by
201	201	7 the court, the mandated ignition interlock period of one year
202	202	8 provided in this subsection shall start and the suspension
203	203	9 period, revocation period, or both, as required under this
204	204	10 subsection shall be stayed. The remainder of the driver
205	205	11 license revocation period, suspension period, or both, shall
206	206	12 be commuted upon the successful completion of the period of
207	207	13 time in which the ignition interlock device is mandated to be
208	208	14 installed and operational or the period of time any other
209	209	15 alcohol monitoring device approved by the court is mandated to
210	210	16 be operational.
211	211	17 "(f) On a second conviction, a person convicted of
212	212	18 violating this section shall be punished by a fine of not less
213	213	19 than one thousand one hundred dollars ($1,100) nor more than
214	214	20 five thousand one hundred dollars ($5,100) and by
215	215	21 imprisonment, which may include hard labor in the county or
216	216	22 municipal jail for not more than one year. The sentence shall
217	217	23 include a mandatory sentence, which is not subject to
218	218	24 suspension or probation, of imprisonment in the county or
219	219	25 municipal jail for not less than five days or community
220	220	26 service for not less than 30 days. In addition, the Secretary
221	221	27 of the Alabama State Law Enforcement Agency shall revoke the
222	222	Page 8 1 driving privileges or driver's license of the person convicted
223	223	2 for a period of one year and the offender shall be required to
224	224	3 either have an ignition interlock device installed and
225	225	4 operating on the designated motor vehicle driven by the
226	226	5 offender for a period of two years from the date of issuance
227	227	6 of a driver's license indicating that the person's driving
228	228	7 privileges are subject to the condition of the installation
229	229	8 and use of a certified ignition interlock device on a motor
230	230	9 vehicle or have any other alcohol monitoring device approved
231	231	10 by the court purchased or leased and operational for a period
232	232	11 of two years from the date the offender provides proof of
233	233	12 installation, purchase, or lease of the alcohol monitoring
234	234	13 device to the court and the agency. After a minimum of 45 days
235	235	14 of the license revocation or suspension pursuant to Section
236	236	15 32-5A-304, this section, or both, is completed, upon receipt
237	237	16 of a court order from the convicting court, upon issuance of
238	238	17 an ignition interlock restricted driver license, and upon
239	239	18 proof of installation of an operational approved ignition
240	240	19 interlock device on the designated vehicle of the person
241	241	20 convicted, the mandated ignition interlock period of two years
242	242	21 approved provided in this subsection shall start and the
243	243	22 suspension period, revocation period, or both, as required
244	244	23 under this subsection shall be stayed. If the court ordered
245	245	24 any other alcohol monitoring device in lieu of an ignition
246	246	25 interlock device, upon receipt of a court order from the
247	247	26 convicting court that the person convicted has provided proof
248	248	27 of installation, purchase, or lease of an alcohol monitoring
249	249	Page 9 1 device approved by the court, the mandated ignition interlock
250	250	2 period of two years provided in this subsection shall start
251	251	3 and the suspension period, revocation period, or both, as
252	252	4 required under this subsection shall be stayed. The remainder
253	253	5 of the driver license revocation period, suspension period, or
254	254	6 both, shall be commuted upon the successful completion of the
255	255	7 period of time in which the ignition interlock device is
256	256	8 mandated to be installed and operational or the period of time
257	257	9 any other alcohol monitoring device approved by the court is
258	258	10 mandated to be operational.
259	259	11 "(g) On a third conviction, a person convicted of
260	260	12 violating this section shall be punished by a fine of not less
261	261	13 than two thousand one hundred dollars ($2,100) nor more than
262	262	14 ten thousand one hundred dollars ($10,100) and by
263	263	15 imprisonment, which may include hard labor, in the county or
264	264	16 municipal jail for not less than 60 days nor more than one
265	265	17 year, to include a minimum of 60 days which shall be served in
266	266	18 the county or municipal jail and cannot be probated or
267	267	19 suspended. In addition, the Secretary of the Alabama State Law
268	268	20 Enforcement Agency shall revoke the driving privilege or
269	269	21 driver's license of the person convicted for a period of three
270	270	22 years and the offender shall be required to either have an
271	271	23 ignition interlock device installed and operating on the
272	272	24 designated motor vehicle driven by the offender for a period
273	273	25 of three years from the date of issuance of a driver's license
274	274	26 indicating that the person's driving privileges are subject to
275	275	27 the condition of the installation and use of a certified
276	276	Page 10 1 ignition interlock device on a motor vehicle or have any other
277	277	2 alcohol monitoring device approved by the court purchased or
278	278	3 leased and operational for a period of three years from the
279	279	4 date the offender provides proof of installation, purchase, or
280	280	5 lease of the alcohol monitoring device to the court and the
281	281	6 agency. After a minimum of 60 days of the license revocation
282	282	7 or suspension pursuant to Section 32-5A-304, this section, or
283	283	8 both, is completed, upon receipt of a court order from the
284	284	9 convicting court, upon issuance of an ignition interlock
285	285	10 restricted driver license, and upon proof of installation of
286	286	11 an operational approved ignition interlock device on the
287	287	12 designated vehicle of the person convicted, the mandated
288	288	13 ignition interlock period of three years provided in this
289	289	14 subsection shall start and the suspension period, revocation
290	290	15 period, or both, as required under this subsection shall be
291	291	16 stayed. If the court ordered any other alcohol monitoring
292	292	17 device in lieu of an ignition interlock device, upon receipt
293	293	18 of a court order from the convicting court that the person
294	294	19 convicted has provided proof of installation, purchase, or
295	295	20 lease of an alcohol monitoring device approved by the court,
296	296	21 the mandated ignition interlock period of three years provided
297	297	22 in this subsection shall start and the suspension period,
298	298	23 revocation period, or both, as required under this subsection
299	299	24 shall be stayed. The remainder of the driver license
300	300	25 revocation period, suspension period, or both, shall be
301	301	26 commuted upon the successful completion of the period of time
302	302	27 in which the ignition interlock device is mandated to be
303	303	Page 11 1 installed and operational or the period of time any other
304	304	2 alcohol monitoring device approved by the court is mandated to
305	305	3 be operational.
306	306	4 "(h)(1) On a fourth or subsequent conviction, or if
307	307	5 the person has a previous felony DUI conviction, a person
308	308	6 convicted of violating this section shall be guilty of a Class
309	309	7 C felony and punished by a fine of not less than four thousand
310	310	8 one hundred dollars ($4,100) nor more than ten thousand one
311	311	9 hundred dollars ($10,100) and by imprisonment of not less than
312	312	10 one year and one day nor more than 10 years. Any term of
313	313	11 imprisonment may include hard labor for the county or state,
314	314	12 and where imprisonment does not exceed three years,
315	315	13 confinement may be in the county jail. Where imprisonment does
316	316	14 not exceed one year and one day, confinement shall be in the
317	317	15 county jail. The minimum sentence shall include a term of
318	318	16 imprisonment for at least one year and one day, provided,
319	319	17 however, that there shall be a minimum mandatory sentence of
320	320	18 10 days which shall be served in the county jail. The
321	321	19 remainder of the sentence may be suspended or probated, but
322	322	20 only if as a condition of probation the defendant enrolls and
323	323	21 successfully completes a state certified chemical dependency
324	324	22 program recommended by the court referral officer and approved
325	325	23 by the sentencing court. Where probation is granted, the
326	326	24 sentencing court may, in its discretion, and where monitoring
327	327	25 equipment is available, place the defendant on house arrest
328	328	26 under electronic surveillance during the probationary term. In
329	329	27 addition to the other penalties authorized, the Secretary of
330	330	Page 12 1 the Alabama State Law Enforcement Agency shall revoke the
331	331	2 driving privilege or driver's license of the person convicted
332	332	3 for a period of five years and the offender shall be required
333	333	4 to either have an ignition interlock device installed and
334	334	5 operating on the designated motor vehicle driven by the
335	335	6 offender for a period of four years from the date of issuance
336	336	7 of a driver's license indicating that the person's driving
337	337	8 privileges are subject to the condition of the installation
338	338	9 and use of a certified ignition interlock device on a motor
339	339	10 vehicle or have any other alcohol monitoring device approved
340	340	11 by the court purchased or leased and operational for a period
341	341	12 of four years from the date the offender provides proof of
342	342	13 installation, purchase, or lease of the alcohol monitoring
343	343	14 device to the court and the agency. After a minimum of one
344	344	15 year of the license revocation or suspension pursuant to
345	345	16 Section 32-5A-304, this section, or both, is completed, upon
346	346	17 receipt of a court order from the convicting court, upon
347	347	18 issuance of an ignition interlock restricted driver license,
348	348	19 and upon proof of installation of an operational approved
349	349	20 ignition interlock device on the designated vehicle of the
350	350	21 person convicted, the mandated ignition interlock period of
351	351	22 four years provided in this subsection shall start and the
352	352	23 suspension period, revocation period, or both, as required
353	353	24 under this subsection shall be stayed. If the court ordered
354	354	25 any other alcohol monitoring device in lieu of an ignition
355	355	26 interlock device, upon receipt of a court order from the
356	356	27 convicting court that the person convicted has provided proof
357	357	Page 13 1 of installation, purchase, or lease of an alcohol monitoring
358	358	2 device approved by the court, the mandated ignition interlock
359	359	3 period of four years provided in this subsection shall start
360	360	4 and the suspension period, revocation period, or both, as
361	361	5 required under this subsection shall be stayed. The remainder
362	362	6 of the driver license revocation period, suspension period, or
363	363	7 both, shall be commuted upon the successful completion of the
364	364	8 period of time in which the ignition interlock device is
365	365	9 mandated to be installed and operational or the period of time
366	366	10 any other alcohol monitoring device approved by the court is
367	367	11 mandated to be operational.
368	368	12 "(2) The Alabama habitual felony offender law shall
369	369	13 not apply to a conviction of a felony pursuant to this
370	370	14 subsection, and a conviction of a felony pursuant to this
371	371	15 subsection shall not be a felony conviction for purposes of
372	372	16 the enhancement of punishment pursuant to Alabama's habitual
373	373	17 felony offender law. However, prior misdemeanor or felony
374	374	18 convictions for driving under the influence may be considered
375	375	19 as part of the sentencing calculations or determinations under
376	376	20 the Alabama Sentencing Guidelines or rules promulgated adopted
377	377	21 by the Alabama Sentencing Commission.
378	378	22 "(i) When any person convicted of violating this
379	379	23 section is found to have had at least 0.15 percent or more by
380	380	24 weight of alcohol in his or her blood while operating or being
381	381	25 in actual physical control of a vehicle, he or she shall be
382	382	26 sentenced to at least double the minimum punishment that the
383	383	27 person would have received if he or she had had less than 0.15
384	384	Page 14 1 percent by weight of alcohol in his or her blood. This
385	385	2 subsection does not apply to the duration of time an ignition
386	386	3 interlock device or any other alcohol monitoring device
387	387	4 approved by the court is required by this section. If the
388	388	5 adjudicated offense is a misdemeanor, the minimum punishment
389	389	6 shall be imprisonment for one year, all of which may be
390	390	7 suspended except as otherwise provided for in subsections (f)
391	391	8 and (g).
392	392	9 "(j) When any person over the age of 21 years is
393	393	10 convicted of violating this section and it is found that a
394	394	11 child under the age of 14 years was a passenger in the vehicle
395	395	12 at the time of the offense, the person shall be sentenced to
396	396	13 at least double the minimum punishment that the person would
397	397	14 have received if the child had not been a passenger in the
398	398	15 motor vehicle. This subsection does not apply to the duration
399	399	16 of time an ignition interlock device or any other alcohol
400	400	17 monitoring device approved by the court is required by this
401	401	18 section.
402	402	19 "(k)(1) In addition to the penalties provided
403	403	20 herein, any person convicted of violating this section shall
404	404	21 be referred to the court referral officer for evaluation and
405	405	22 referral to appropriate community resources. The defendant
406	406	23 shall, at a minimum, be required to complete a DUI or
407	407	24 substance abuse court referral program approved by the
408	408	25 Administrative Office of Courts and operated in accordance
409	409	26 with provisions of the Mandatory Treatment Act of 1990,
410	410	27 Sections 12-23-1 to 12-23-19, inclusive. The Alabama State Law
411	411	Page 15 1 Enforcement Agency shall not reissue a driver's license to a
412	412	2 person convicted under this section without receiving proof
413	413	3 that the defendant has successfully completed the required
414	414	4 program.
415	415	5 "(2) Upon conviction, the court shall notify the
416	416	6 Alabama State Law Enforcement Agency if the person convicted
417	417	7 is required to install and maintain an approved ignition
418	418	8 interlock device or any other alcohol monitoring device
419	419	9 approved by the court. The agency shall suspend or revoke a
420	420	10 person's driving privileges until completion of the mandatory
421	421	11 suspension or revocation period required by this section, and
422	422	12 clearance of all other suspensions, revocations,
423	423	13 cancellations, or denials, and proof of installation of an
424	424	14 approved ignition interlock device or proof of installation,
425	425	15 purchase, or lease of any other alcohol monitoring device
426	426	16 approved by the court is presented to the agency. The agency
427	427	17 shall not reissue a driver's license to a person who has been
428	428	18 ordered by a court or is required by law to have the ignition
429	429	19 interlock device installed or any other alcohol monitoring
430	430	20 device approved by the court to be installed, purchased, or
431	431	21 leased until proof is presented that the person is eligible
432	432	22 for reinstatement of driving privileges. Upon presentation of
433	433	23 proof and compliance with all ignition interlock requirements,
434	434	24 the agency shall issue a driver's license with a restriction
435	435	25 indicating that the licensee may operate a motor vehicle only
436	436	26 with the certified ignition interlock device installed and
437	437	27 properly operating. If the licensee fails to maintain the
438	438	Page 16 1 approved ignition interlock device as required or is otherwise
439	439	2 not in compliance with any order of the court, the court shall
440	440	3 notify the agency of the noncompliance and the agency shall
441	441	4 suspend the person's driving privileges until the agency
442	442	5 receives notification from the court that the licensee is in
443	443	6 compliance. If the court ordered any other alcohol monitoring
444	444	7 device in lieu of an ignition interlock device, upon
445	445	8 presentation of proof and compliance with all alcohol
446	446	9 monitoring device requirements, the agency shall issue a
447	447	10 driver's license to the offender. If the licensee fails to
448	448	11 maintain the approved alcohol monitoring device as required,
449	449	12 or is otherwise not in compliance with any order of the court,
450	450	13 the court shall notify the agency of the noncompliance and the
451	451	14 agency shall suspend the person's driving privileges until the
452	452	15 agency receives notification from the court that the licensee
453	453	16 is in compliance. The requirement that the licensee use the
454	454	17 ignition interlock device or any other alcohol monitoring
455	455	18 device approved by the court may be removed only when the
456	456	19 court of conviction confirms to the agency that the licensee
457	457	20 is no longer subject to the ignition interlock device
458	458	21 requirement or alcohol monitoring device requirement.
459	459	22 "(l) Neither reckless driving nor any other traffic
460	460	23 infraction is a lesser included offense under a charge of
461	461	24 driving under the influence of alcohol or of a controlled
462	462	25 substance.
463	463	26 "(m)(1) Except for fines collected for violations of
464	464	27 this section charged pursuant to a municipal ordinance, fines
465	465	Page 17 1 collected for violations of this section shall be deposited to
466	466	2 the State General Fund; however, beginning October 1, 1995, of
467	467	3 any amount collected over two hundred fifty dollars ($250) for
468	468	4 a first conviction, over five hundred dollars ($500) for a
469	469	5 second conviction within 10 years, over one thousand dollars
470	470	6 ($1,000) for a third conviction within 10 years, and over two
471	471	7 thousand dollars ($2,000) for a fourth or subsequent
472	472	8 conviction within 10 years, the first one hundred dollars
473	473	9 ($100) of that additional amount shall be deposited to the
474	474	10 Alabama Chemical Testing Training and Equipment Trust Fund,
475	475	11 after three percent of the one hundred dollars ($100) is
476	476	12 deducted for administrative costs, and beginning October 1,
477	477	13 1997, and thereafter, the second one hundred dollars ($100) of
478	478	14 that additional amount shall be deposited in the Alabama Head
479	479	15 and Spinal Cord Injury Trust Fund after deducting five percent
480	480	16 of the one hundred dollars ($100) for administrative costs and
481	481	17 the remainder of the funds shall be deposited to the State
482	482	18 General Fund.
483	483	19 "(2) Fines collected for violations of this section
484	484	20 charged pursuant to a municipal ordinance where the total fine
485	485	21 is paid at one time shall be deposited as follows: The first
486	486	22 three hundred fifty dollars ($350) collected for a first
487	487	23 conviction, the first six hundred dollars ($600) collected for
488	488	24 a second conviction within 10 years, the first one thousand
489	489	25 one hundred dollars ($1,100) collected for a third conviction,
490	490	26 and the first two thousand one hundred dollars ($2,100)
491	491	27 collected for a fourth or subsequent conviction shall be
492	492	Page 18 1 deposited to the State Treasury with the first one hundred
493	493	2 dollars ($100) collected for each conviction credited to the
494	494	3 Alabama Chemical Testing Training and Equipment Trust Fund and
495	495	4 the second one hundred dollars ($100) to the Alabama Head and
496	496	5 Spinal Cord Injury Trust Fund after deducting five percent of
497	497	6 the one hundred dollars ($100) for administrative costs and
498	498	7 depositing this amount in the general fund of the
499	499	8 municipality, and the balance credited to the State General
500	500	9 Fund. Any amounts collected over these amounts shall be
501	501	10 deposited as otherwise provided by law.
502	502	11 "(3) Fines collected for violations of this section
503	503	12 charged pursuant to a municipal ordinance, where the fine is
504	504	13 paid on a partial or installment basis, shall be deposited as
505	505	14 follows: The first two hundred dollars ($200) of the fine
506	506	15 collected for any conviction shall be deposited to the State
507	507	16 Treasury with the first one hundred dollars ($100) collected
508	508	17 for any conviction credited to the Alabama Chemical Testing
509	509	18 Training and Equipment Trust Fund and the second one hundred
510	510	19 dollars ($100) for any conviction credited to the Alabama Head
511	511	20 and Spinal Cord Injury Trust Fund after deducting five percent
512	512	21 of the one hundred dollars ($100) for administrative costs and
513	513	22 depositing this amount in the general fund of the
514	514	23 municipality. The second three hundred dollars ($300) of the
515	515	24 fine collected for a first conviction, the second eight
516	516	25 hundred dollars ($800) collected for a second conviction, the
517	517	26 second one thousand eight hundred dollars ($1,800) collected
518	518	27 for a third conviction, and the second three thousand eight
519	519	Page 19 1 hundred dollars ($3,800) collected for a fourth conviction
520	520	2 shall be divided with 50 percent of the funds collected to be
521	521	3 deposited to the State Treasury to be credited to the State
522	522	4 General Fund and 50 percent deposited as otherwise provided by
523	523	5 law for municipal ordinance violations. Any amounts collected
524	524	6 over these amounts shall be deposited as otherwise provided by
525	525	7 law for municipal ordinance violations.
526	526	8 "(4) Notwithstanding any provision of law to the
527	527	9 contrary, 90 percent of any fine assessed and collected for
528	528	10 any DUI offense charged by municipal ordinance violation in
529	529	11 district or circuit court shall be computed only on the amount
530	530	12 assessed over the minimum fine authorized, and upon collection
531	531	13 shall be distributed to the municipal general fund with the
532	532	14 remaining 10 percent distributed to the State General Fund.
533	533	15 "(5) In addition to fines imposed pursuant to this
534	534	16 subsection, a mandatory fee of one hundred dollars ($100)
535	535	17 shall be collected from any individual who successfully
536	536	18 completes any pretrial diversion or deferral program in any
537	537	19 municipal, district, or circuit court where the individual was
538	538	20 charged with a violation of this section or a corresponding
539	539	21 municipal ordinance. The one hundred dollars ($100) shall be
540	540	22 deposited into the Alabama Chemical Testing Training and
541	541	23 Equipment Fund.
542	542	24 "(6) In addition to the fines and fees imposed
543	543	25 pursuant to this subsection, a mandatory fee of one hundred
544	544	26 dollars ($100) shall be collected from any individual who
545	545	27 successfully completes any pretrial diversion or deferral
546	546	Page 20 1 program in any municipal, district, or circuit court where the
547	547	2 individual was charged with a violation of this section or a
548	548	3 corresponding municipal ordinance. The one hundred dollars
549	549	4 ($100) shall be deposited into the Alabama Head and Spinal
550	550	5 Cord Injury Trust Fund.
551	551	6 "(n) A person who has been arrested for violating
552	552	7 this section shall not be released from jail under bond or
553	553	8 otherwise, until there is less than the same percent by weight
554	554	9 of alcohol in his or her blood as specified in subsection
555	555	10 subdivision (a)(1) or, in the case of a person who is under
556	556	11 the age of 21 years, subsection (b) hereof.
557	557	12 "(o) Upon verification that a defendant arrested
558	558	13 pursuant to this section is currently on probation from
559	559	14 another court of this state as a result of a conviction for
560	560	15 any criminal offense, the prosecutor shall provide written or
561	561	16 oral notification of the defendant's subsequent arrest and
562	562	17 pending prosecution to the court in which the prior conviction
563	563	18 occurred.
564	564	19 "(p)(1) Except as provided in subdivision (2), a
565	565	20 prior conviction for driving under the influence from this
566	566	21 state, a municipality within this state, or another state or
567	567	22 territory or a municipality of another state or territory
568	568	23 shall be considered by a court for imposing a sentence
569	569	24 pursuant to this section if the prior conviction occurred
570	570	25 within 10 years of the date of the current offense.
571	571	26 "(2) If the person has a previous felony DUI
572	572	27 conviction, then all of the person's subsequent DUI
573	573	Page 21 1 convictions shall be treated as felonies regardless of the
574	574	2 date of the previous felony DUI conviction.
575	575	3 "(q) Any person convicted of driving under the
576	576	4 influence of alcohol, or a controlled substance, or both, or
577	577	5 any substance which impairs the mental or physical faculties
578	578	6 in violation of this section, a municipal ordinance adopting
579	579	7 this section, or a similar law from another state or territory
580	580	8 or a municipality of another state or territory more than once
581	581	9 in a 10-year period shall have his or her motor vehicle
582	582	10 registration for all vehicles owned by the repeat offender
583	583	11 suspended by the Alabama Department of Revenue for the
584	584	12 duration of the offender's driver's license suspension period,
585	585	13 unless such action would impose an undue hardship to any
586	586	14 individual, not including the repeat offender, who is
587	587	15 completely dependent on the motor vehicle for the necessities
588	588	16 of life, including any family member of the repeat offender
589	589	17 and any co-owner of the vehicle or, in the case of a repeat
590	590	18 offender, if the repeat offender has a functioning ignition
591	591	19 interlock device installed on the designated vehicle or any
592	592	20 other alcohol monitoring device approved by the court, for the
593	593	21 duration of the offender's driver's license suspension period.
594	594	22 "(r)(1) Any person ordered by the court to have an
595	595	23 ignition interlock device installed on a designated vehicle or
596	596	24 use any other alcohol monitoring device approved by the court,
597	597	25 and any person who elects to have the ignition interlock
598	598	26 device installed on a designated vehicle or use any other
599	599	27 alcohol monitoring device approved by the court for the
600	600	Page 22 1 purpose of reducing a period of suspension or revocation of
601	601	2 his or her driver's license, shall pay to the court, following
602	602	3 his or her conviction, two hundred dollars ($200), which may
603	603	4 be paid in installments and which shall be divided as follows:
604	604	5 "a. Seventeen percent to the Alabama Interlock
605	605	6 Indigent Fund.
606	606	7 "b. For cases in the district or circuit court, 30
607	607	8 percent to the State Judicial Administration Fund administered
608	608	9 by the Administrative Office of Courts and for cases in the
609	609	10 municipal court, 30 percent to the municipal judicial
610	610	11 administration fund of the municipality where the municipal
611	611	12 court is located to be used for the operation of the municipal
612	612	13 court.
613	613	14 "c. Thirty percent to the Highway Traffic Safety
614	614	15 Fund administered by the Alabama State Law Enforcement Agency.
615	615	16 "d. Twenty-three percent to the District Attorney's
616	616	17 Solicitor Fund.
617	617	18 "(2) In addition to paying the court clerk the fee
618	618	19 required in subdivision (1) following the conviction or the
619	619	20 voluntary installation of the ignition interlock device or any
620	620	21 other alcohol monitoring device approved by the court, the
621	621	22 defendant shall pay all costs associated with the
622	622	23 installation, purchase, maintenance, or lease of the ignition
623	623	24 interlock devices device to an approved ignition interlock
624	624	25 provider pursuant to the rules of the Department of Forensic
625	625	26 Sciences, unless the defendant is subject to Section
626	626	Page 23 1 32-5A-191.4(i)(4) or to the alcohol monitoring device provider
627	627	2 approved by the court.
628	628	3 "(s) If ordered to install an ignition interlock
629	629	4 device, The the defendant shall designate the vehicle to be
630	630	5 used by identifying the vehicle by the vehicle identification
631	631	6 number to the court. The defendant, at his or her own expense,
632	632	7 may designate additional motor vehicles on which an ignition
633	633	8 interlock device may be installed for the use of the
634	634	9 defendant.
635	635	10 "(t)(1) Any person who is required to comply with
636	636	11 the ignition interlock provisions of this section,
637	637	12 specifically, the requirement to install an ignition interlock
638	638	13 device, as a condition of restoration or reinstatement of his
639	639	14 or her driver's license, shall only operate the designated
640	640	15 vehicle equipped with a functioning ignition interlock device
641	641	16 for the period of time consistent with the offense for which
642	642	17 he or she was convicted as provided for in this section.
643	643	18 "(2) The duration of the time an ignition interlock
644	644	19 device or any other alcohol monitoring device approved by the
645	645	20 court is required by this section shall be one additional year
646	646	21 if the offender refused the prescribed chemical test for
647	647	22 intoxication.
648	648	23 "(u)(1) The If the court orders an offender to
649	649	24 install an ignition interlock device, the Alabama State Law
650	650	25 Enforcement Agency may set a fee of not more than one hundred
651	651	26 fifty dollars ($150) for the issuance of a driver's license
652	652	27 indicating that the person's driving privileges are subject to
653	653	Page 24 1 the condition of the installation and use of a certified
654	654	2 ignition interlock device on a motor vehicle. Fifteen percent
655	655	3 of the fee shall be distributed to the general fund of the
656	656	4 county where the person was convicted to be utilized for law
657	657	5 enforcement purposes. Eighty-five percent shall be distributed
658	658	6 to the State General Fund. In addition, at the end of the time
659	659	7 the person's driving privileges are subject to the above
660	660	8 conditions, the agency shall set a fee of not more than
661	661	9 seventy-five dollars ($75) to reissue a regular driver's
662	662	10 license. The fee shall be deposited as provided in Sections
663	663	11 32-6-5, 32-6-6, and 32-6-6.1.
664	664	12 "(2) The defendant shall provide proof of
665	665	13 installation of an approved ignition interlock device to the
666	666	14 Alabama State Law Enforcement Agency as a condition of the
667	667	15 issuance of a restricted driver's license.
668	668	16 "(3) Any ignition interlock driving violation
669	669	17 committed by the offender during the mandated ignition
670	670	18 interlock period shall extend the duration of ignition
671	671	19 interlock use for six months. Ignition interlock driving
672	672	20 violations include any of the following:
673	673	21 "a. A breath sample at or above a minimum blood
674	674	22 alcohol concentration level of 0.02 recorded four or more
675	675	23 times during the monthly reporting period unless a subsequent
676	676	24 test performed within 10 minutes registers a breath alcohol
677	677	25 concentration lower than 0.02.
678	678	26 "b. Any tampering, circumvention, or bypassing of
679	679	27 the ignition interlock device, or attempt thereof.
680	680	Page 25 1 "c. Failure to comply with the servicing or
681	681	2 calibration requirements of the ignition interlock device
682	682	3 every 30 days.
683	683	4 "(v) Nothing in this section and Section 32-5A-191.4
684	684	5 shall require an employer to install an ignition interlock
685	685	6 device in a vehicle owned or operated by the employer for use
686	686	7 by an employee required to use the device as a condition of
687	687	8 driving pursuant to this section and Section 32-5A-191.4.
688	688	9 "(w) The provisions in this section and Section
689	689	10 32-5A-191.4 relating to ignition interlock devices or any
690	690	11 other alcohol monitoring device approved by the court shall
691	691	12 not apply to persons who commit violations of this section
692	692	13 while under 19 years of age and who are adjudicated in
693	693	14 juvenile court, unless specifically ordered otherwise by the
694	694	15 court.
695	695	16 "(x)(1) The amendatory language in Act 2014-222 to
696	696	17 this section, authorizing the Alabama State Law Enforcement
697	697	18 Agency to stay a driver's license suspension or revocation
698	698	19 upon compliance with the ignition interlock requirement
699	699	20 requirements or any other alcohol monitoring device
700	700	21 requirements shall apply retroactively if any of the following
701	701	22 occurs:
702	702	23 "a. The offender files an appeal with the court of
703	703	24 jurisdiction requesting all prior suspensions or revocation,
704	704	25 or both, be stayed upon compliance with the ignition interlock
705	705	26 requirement or any other alcohol monitoring device
706	706	27 requirements.
707	707	Page 26 1 "b. The offender wins appeal with the court of
708	708	2 jurisdiction relating to this section.
709	709	3 "c. The court of jurisdiction notifies the Alabama
710	710	4 State Law Enforcement Agency agency that the offender is
711	711	5 eligible to have the driver's license stayed.
712	712	6 "d. The Alabama State Law Enforcement Agency agency
713	713	7 issues an ignition interlock restricted driver's license.
714	714	8 "e. The offender remains in compliance of ignition
715	715	9 interlock requirements or any other alcohol monitoring device
716	716	10 requirements.
717	717	11 "(2) The remainder of the driver license revocation,
718	718	12 suspension, or both, shall be commuted upon the successful
719	719	13 completion of the period of time in which the ignition
720	720	14 interlock device or any other alcohol monitoring device
721	721	15 approved by the court is mandated to be installed and
722	722	16 operational.
723	723	17 "(y)(1) Any person charged in a district, circuit,
724	724	18 or municipal court with a violation of this section or a
725	725	19 municipal ordinance adopted in conformance with this section
726	726	20 who is approved for any pretrial diversion program or similar
727	727	21 program shall be required to install an ignition interlock
728	728	22 device or any other alcohol monitoring device approved by the
729	729	23 court for a minimum of six months or the duration of the
730	730	24 pretrial diversion program, whichever is greater, and meet all
731	731	25 the requirements of this section and Section 32-5A-191.4. A
732	732	26 participant in a pretrial diversion program shall be eligible
733	733	Page 27 1 for indigency status if the program enrolls indigent
734	734	2 defendants and waives fees for indigent defendants.
735	735	3 "(2)a. Upon If the court orders an offender to
736	736	4 install an ignition interlock device, upon receipt of a court
737	737	5 order or an agreement from the district attorney or prosecutor
738	738	6 indicating the offender has entered a pretrial diversion
739	739	7 program or any other form of deferred prosecution agreement,
740	740	8 the Secretary of the Alabama State Law Enforcement Agency
741	741	9 shall indicate, as the agency shall determine, the person's
742	742	10 driving privileges are subject to the condition of the
743	743	11 installation and use of a certified ignition interlock device
744	744	12 on a motor vehicle. Any driver's license suspension period
745	745	13 pursuant to Section 32-5A-304 shall be stayed and then
746	746	14 commuted upon the successful completion of the pretrial
747	747	15 diversion program, or any other form of deferred prosecution
748	748	16 agreement.
749	749	17 "b. If the court orders any other alcohol monitoring
750	750	18 device in lieu of an ignition interlock device, upon receipt
751	751	19 of a court order or an agreement from the district attorney or
752	752	20 prosecutor indicating the offender has entered a pretrial
753	753	21 diversion program or any other form of deferred prosecution
754	754	22 agreement, and upon receipt of a court order indicating the
755	755	23 offender has provided proof of installation, purchase, or
756	756	24 lease of an operational alcohol monitoring device approved by
757	757	25 the court, the Secretary of the Alabama State Law Enforcement
758	758	26 Agency shall issue a driver license to the offender. Any
759	759	27 driver license suspension period pursuant to Section 32-5A-304
760	760	Page 28 1 shall be stayed and then commuted upon the successful
761	761	2 completion of the pretrial diversion program, or any other
762	762	3 form of deferred prosecution agreement.
763	763	4 "(3) Upon receipt of a court order detailing any
764	764	5 ignition interlock violation of the requirements of this
765	765	6 section or Section 32-5A-191.4 or termination of the
766	766	7 participation in any pretrial diversion program, the Alabama
767	767	8 State Law Enforcement Agency shall suspend or revoke driving
768	768	9 privileges pursuant to this section and Section 32-5A-304.
769	769	10 "(4) Nothing in this section shall be construed to
770	770	11 require the Alabama State Law Enforcement Agency to issue an
771	771	12 ignition interlock restricted driver license or stay or
772	772	13 commute any license suspension or revocation period of a
773	773	14 holder of a commercial driver's license, an operator of a
774	774	15 commercial motor vehicle, or a commercial driver learner
775	775	16 permit holder in violation of other state or federal laws.
776	776	17 "(z) Pursuant to Section 15-22-54, the maximum
777	777	18 probation period for persons convicted under this section
778	778	19 shall be extended until all ignition interlock requirements or
779	779	20 any other alcohol monitoring device requirements have been
780	780	21 completed by the offender.
781	781	22 "(aa) Notwithstanding the ignition interlock
782	782	23 requirements of this section, no person may be required to
783	783	24 install an ignition interlock device if there is not a
784	784	25 certified ignition interlock provider available within a 50
785	785	26 mile radius of his or her place of residence or place of
786	786	27 business or employment."
787	787	Page 29 1 Section 2. Section 32-5A-191, Code of Alabama 1975,
788	788	2 effective July 1, 2023, is amended to read as follows:
789	789	3 "§32-5A-191.
790	790	4 "(a) A person shall not drive or be in actual
791	791	5 physical control of any vehicle while:
792	792	6 "(1) There is 0.08 percent or more by weight of
793	793	7 alcohol in his or her blood;
794	794	8 "(2) Under the influence of alcohol;
795	795	9 "(3) Under the influence of a controlled substance
796	796	10 to a degree which renders him or her incapable of safely
797	797	11 driving;
798	798	12 "(4) Under the combined influence of alcohol and a
799	799	13 controlled substance to a degree which renders him or her
800	800	14 incapable of safely driving; or
801	801	15 "(5) Under the influence of any substance which
802	802	16 impairs the mental or physical faculties of such person to a
803	803	17 degree which renders him or her incapable of safely driving.
804	804	18 "(b)(1) A person who is under the age of 21 years
805	805	19 shall not drive or be in actual physical control of any
806	806	20 vehicle if there is 0.02 percent or more by weight of alcohol
807	807	21 in his or her blood. The Alabama State Law Enforcement Agency
808	808	22 shall suspend or revoke the driver's license of any person,
809	809	23 including, but not limited to, a juvenile, child, or youthful
810	810	24 offender, convicted or adjudicated of, or subjected to a
811	811	25 finding of, delinquency based on this subsection.
812	812	26 Notwithstanding the foregoing, upon the first violation of
813	813	27 this subsection by a person whose blood alcohol level is
814	814	Page 30 1 between 0.02 and 0.08, the person's driver's license or
815	815	2 driving privilege shall be suspended for a period of 30 days
816	816	3 in lieu of any penalties provided in subsection (e) of this
817	817	4 section, and there shall be no disclosure, other than to
818	818	5 courts, law enforcement agencies, the person's attorney of
819	819	6 record, and the person's employer, by any entity or person of
820	820	7 any information, documents, or records relating to the
821	821	8 person's arrest, conviction, or adjudication of or finding of
822	822	9 delinquency based on this subsection.
823	823	10 "(2) All persons, except as otherwise provided in
824	824	11 this subsection for a first offense, including, but not
825	825	12 limited to, a juvenile, child, or youthful offender, convicted
826	826	13 or adjudicated of or subjected to a finding of delinquency
827	827	14 based on this subsection shall be fined pursuant to this
828	828	15 section, notwithstanding any other law to the contrary, and
829	829	16 the person shall also be required to attend and complete a DUI
830	830	17 or substance abuse court referral program in accordance with
831	831	18 subsection (k).
832	832	19 "(c)(1) A school bus or day care driver shall not
833	833	20 drive or be in actual physical control of any vehicle while in
834	834	21 performance of his or her duties if there is greater than 0.02
835	835	22 percent by weight of alcohol in his or her blood. A person
836	836	23 convicted pursuant to this subsection shall be subject to the
837	837	24 penalties provided by this section, except that on the first
838	838	25 conviction the Secretary of the Alabama State Law Enforcement
839	839	26 Agency shall suspend the driving privilege or driver's license
840	840	27 for a period of one year.
841	841	Page 31 1 "(2) A person shall not drive or be in actual
842	842	2 physical control of a commercial motor vehicle, as defined in
843	843	3 49 CFR Part 383.5 of the Federal Motor Carrier Safety
844	844	4 Regulations as adopted pursuant to Section 32-9A-2, if there
845	845	5 is 0.04 percent or greater by weight of alcohol in his or her
846	846	6 blood. Notwithstanding the other provisions of this section,
847	847	7 the commercial driver's license or commercial driving
848	848	8 privilege of a person convicted of violating this subdivision
849	849	9 shall be disqualified for the period provided in accordance
850	850	10 with 49 CFR Part 383.51, as applicable, and the person's
851	851	11 regular driver's license or privilege to drive a regular motor
852	852	12 vehicle shall be governed by the remainder of this section if
853	853	13 the person is guilty of a violation of another provision of
854	854	14 this section.
855	855	15 "(3) Any commutation of suspension or revocation
856	856	16 time as it relates to a court order, approval, and
857	857	17 installation of an ignition interlock device or any other
858	858	18 alcohol monitoring device approved by the court shall not
859	859	19 apply to commercial driving privileges or disqualifications.
860	860	20 "(d) The fact that any person charged with violating
861	861	21 this section is or has been legally entitled to use alcohol or
862	862	22 a controlled substance shall not constitute a defense against
863	863	23 any charge of violating this section.
864	864	24 "(e) Upon first conviction, a person violating this
865	865	25 section shall be punished by imprisonment in the county or
866	866	26 municipal jail for not more than one year, or by fine of not
867	867	27 less than six hundred dollars ($600) nor more than two
868	868	Page 32 1 thousand one hundred dollars ($2,100), or by both a fine and
869	869	2 imprisonment. In addition, on a first conviction, the
870	870	3 Secretary of the Alabama State Law Enforcement Agency shall
871	871	4 suspend the driving privilege or driver's license of the
872	872	5 person convicted for a period of 90 days. The 90-day
873	873	6 suspension shall be stayed if the offender elects to have an
874	874	7 approved ignition interlock device installed and operating on
875	875	8 the designated motor vehicle driven by the offender or elects
876	876	9 to have any other alcohol monitoring device approved by the
877	877	10 court operational for 90 days. The offender shall present
878	878	11 proof of installation of the approved ignition interlock
879	879	12 device to the Alabama State Law Enforcement Agency agency and
880	880	13 obtain an ignition interlock restricted driver license or
881	881	14 shall present proof of installation, purchase, or lease of any
882	882	15 other alcohol monitoring device approved by the court to the
883	883	16 agency. The remainder of the suspension shall be commuted upon
884	884	17 the successful completion of the elected use, mandated use, or
885	885	18 both, of the ignition interlock device or any other alcohol
886	886	19 monitoring device approved by the court. If, on a first
887	887	20 conviction, any person refusing to provide a blood alcohol
888	888	21 concentration or if a child under the age of 14 years was a
889	889	22 passenger in the vehicle at the time of the offense or if
890	890	23 someone else besides the offender was injured at the time of
891	891	24 the offense, or if the offender is found to have had at least
892	892	25 0.15 percent or more by weight of alcohol in his or her blood
893	893	26 while operating or being in actual control of a vehicle, the
894	894	27 Secretary of the Alabama State Law Enforcement Agency shall
895	895	Page 33 1 suspend the driving privilege or driver's license of the
896	896	2 person convicted for a period of 90 days and the person shall
897	897	3 be required to either have an ignition interlock device
898	898	4 installed and operating on the designated motor vehicle driven
899	899	5 by the offender for a period of one year from the date of
900	900	6 issuance of a driver's license indicating that the person's
901	901	7 driving privileges are subject to the condition of the
902	902	8 installation and use of a certified ignition interlock device
903	903	9 on a motor vehicle or have any other alcohol monitoring device
904	904	10 approved by the court purchased or leased and operational for
905	905	11 a period of one year from the date the offender provides proof
906	906	12 of installation, purchase, or lease of the alcohol monitoring
907	907	13 device to the court and the agency. After a minimum of 45 days
908	908	14 of the license revocation or suspension pursuant to Section
909	909	15 32-5A-304 or this section, or both, is completed, upon Upon
910	910	16 receipt of a court order from the convicting court, upon
911	911	17 issuance of an ignition interlock restricted driver license,
912	912	18 and upon proof of installation of an operational approved
913	913	19 ignition interlock device on the designated vehicle of the
914	914	20 person convicted, the mandated ignition interlock period of
915	915	21 one year provided in this subsection shall start and the
916	916	22 suspension period, revocation period, or both, as required
917	917	23 under this subsection shall be stayed. If the court ordered
918	918	24 any other alcohol monitoring device in lieu of an ignition
919	919	25 interlock device, upon receipt of a court order from the
920	920	26 convicting court that the person convicted has provided proof
921	921	27 of installation, purchase, or lease of an alcohol monitoring
922	922	Page 34 1 device approved by the court, the mandated ignition interlock
923	923	2 period of one year provided in this subsection shall start and
924	924	3 the suspension period, revocation period, or both, as required
925	925	4 under this subsection shall be stayed. The remainder of the
926	926	5 driver license revocation period, suspension period, or both,
927	927	6 shall be commuted upon the successful completion of the period
928	928	7 of time in which the ignition interlock device is mandated to
929	929	8 be installed and operational or the period of time any other
930	930	9 alcohol monitoring device approved by the court is mandated to
931	931	10 be operational.
932	932	11 "(f) On a second conviction, a person convicted of
933	933	12 violating this section shall be punished by a fine of not less
934	934	13 than one thousand one hundred dollars ($1,100) nor more than
935	935	14 five thousand one hundred dollars ($5,100) and by
936	936	15 imprisonment, which may include hard labor in the county or
937	937	16 municipal jail for not more than one year. The sentence shall
938	938	17 include a mandatory sentence, which is not subject to
939	939	18 suspension or probation, of imprisonment in the county or
940	940	19 municipal jail for not less than five days or community
941	941	20 service for not less than 30 days. In addition, the Secretary
942	942	21 of the Alabama State Law Enforcement Agency shall revoke the
943	943	22 driving privileges or driver's license of the person convicted
944	944	23 for a period of one year and the offender shall be required to
945	945	24 either have an ignition interlock device installed and
946	946	25 operating on the designated motor vehicle driven by the
947	947	26 offender for a period of two years from the date of issuance
948	948	27 of a driver's license indicating that the person's driving
949	949	Page 35 1 privileges are subject to the condition of the installation
950	950	2 and use of a certified ignition interlock device on a motor
951	951	3 vehicle or have any other alcohol monitoring device approved
952	952	4 by the court purchased or leased and operational for a period
953	953	5 of two years from the date the offender provides proof of
954	954	6 installation, purchase, or lease of the alcohol monitoring
955	955	7 device to the court and the agency. After a minimum of 45 days
956	956	8 of the license revocation or suspension pursuant to Section
957	957	9 32-5A-304, this section, or both, is completed, upon receipt
958	958	10 of a court order from the convicting court, upon issuance of
959	959	11 an ignition interlock restricted driver license, and upon
960	960	12 proof of installation of an operational approved ignition
961	961	13 interlock device on the designated vehicle of the person
962	962	14 convicted, the mandated ignition interlock period of two years
963	963	15 approved provided in this subsection shall start and the
964	964	16 suspension period, revocation period, or both, as required
965	965	17 under this subsection shall be stayed. If the court ordered
966	966	18 any other alcohol monitoring device in lieu of an ignition
967	967	19 interlock device, upon receipt of a court order from the
968	968	20 convicting court that the person convicted has provided proof
969	969	21 of installation, purchase, or lease of an alcohol monitoring
970	970	22 device approved by the court, the mandated ignition interlock
971	971	23 period of two years provided in this subsection shall start
972	972	24 and the suspension period, revocation period, or both, as
973	973	25 required under this subsection shall be stayed. The remainder
974	974	26 of the driver license revocation period, suspension period, or
975	975	27 both, shall be commuted upon the successful completion of the
976	976	Page 36 1 period of time in which the ignition interlock device is
977	977	2 mandated to be installed and operational or the period of time
978	978	3 any other alcohol monitoring device approved by the court is
979	979	4 mandated to be operational.
980	980	5 "(g) On a third conviction, a person convicted of
981	981	6 violating this section shall be punished by a fine of not less
982	982	7 than two thousand one hundred dollars ($2,100) nor more than
983	983	8 ten thousand one hundred dollars ($10,100) and by
984	984	9 imprisonment, which may include hard labor, in the county or
985	985	10 municipal jail for not less than 60 days nor more than one
986	986	11 year, to include a minimum of 60 days which shall be served in
987	987	12 the county or municipal jail and cannot be probated or
988	988	13 suspended. In addition, the Secretary of the Alabama State Law
989	989	14 Enforcement Agency shall revoke the driving privilege or
990	990	15 driver's license of the person convicted for a period of three
991	991	16 years and the offender shall be required to either have an
992	992	17 ignition interlock device installed and operating on the
993	993	18 designated motor vehicle driven by the offender for a period
994	994	19 of three years from the date of issuance of a driver's license
995	995	20 indicating that the person's driving privileges are subject to
996	996	21 the condition of the installation and use of a certified
997	997	22 ignition interlock device on a motor vehicle or have any other
998	998	23 alcohol monitoring device approved by the court purchased or
999	999	24 leased and operational for a period of three years from the
1000	1000	25 date the offender provides proof of installation, purchase, or
1001	1001	26 lease of the alcohol monitoring device to the court and the
1002	1002	27 agency. After a minimum of 60 days of the license revocation
1003	1003	Page 37 1 or suspension pursuant to Section 32-5A-304, this section, or
1004	1004	2 both, is completed, upon receipt of a court order from the
1005	1005	3 convicting court, upon issuance of an ignition interlock
1006	1006	4 restricted driver license, and upon proof of installation of
1007	1007	5 an operational approved ignition interlock device on the
1008	1008	6 designated vehicle of the person convicted, the mandated
1009	1009	7 ignition interlock period of three years provided in this
1010	1010	8 subsection shall start and the suspension period, revocation
1011	1011	9 period, or both, as required under this subsection shall be
1012	1012	10 stayed. If the court ordered any other alcohol monitoring
1013	1013	11 device in lieu of an ignition interlock device, upon receipt
1014	1014	12 of a court order from the convicting court that the person
1015	1015	13 convicted has provided proof of installation, purchase, or
1016	1016	14 lease of an alcohol monitoring device approved by the court,
1017	1017	15 the mandated ignition interlock period of three years provided
1018	1018	16 in this subsection shall start and the suspension period,
1019	1019	17 revocation period, or both, as required under this subsection
1020	1020	18 shall be stayed. The remainder of the driver license
1021	1021	19 revocation period, suspension period, or both, shall be
1022	1022	20 commuted upon the successful completion of the period of time
1023	1023	21 in which the ignition interlock device is mandated to be
1024	1024	22 installed and operational or the period of time any other
1025	1025	23 alcohol monitoring device approved by the court is mandated to
1026	1026	24 be operational.
1027	1027	25 "(h)(1) On a fourth or subsequent conviction, or if
1028	1028	26 the person has a previous felony DUI conviction, a person
1029	1029	27 convicted of violating this section shall be guilty of a Class
1030	1030	Page 38 1 C felony and punished by a fine of not less than four thousand
1031	1031	2 one hundred dollars ($4,100) nor more than ten thousand one
1032	1032	3 hundred dollars ($10,100) and by imprisonment of not less than
1033	1033	4 one year and one day nor more than 10 years. Any term of
1034	1034	5 imprisonment may include hard labor for the county or state,
1035	1035	6 and where imprisonment does not exceed three years,
1036	1036	7 confinement may be in the county jail. Where imprisonment does
1037	1037	8 not exceed one year and one day, confinement shall be in the
1038	1038	9 county jail. The minimum sentence shall include a term of
1039	1039	10 imprisonment for at least one year and one day; provided,
1040	1040	11 however, that there shall be a minimum mandatory sentence of
1041	1041	12 10 days which shall be served in the county jail. The
1042	1042	13 remainder of the sentence may be suspended or probated, but
1043	1043	14 only if, as a condition of probation, the defendant enrolls
1044	1044	15 and successfully completes a state certified chemical
1045	1045	16 dependency program recommended by the court referral officer
1046	1046	17 and approved by the sentencing court. Where probation is
1047	1047	18 granted, the sentencing court may, in its discretion, and
1048	1048	19 where monitoring equipment is available, place the defendant
1049	1049	20 on house arrest under electronic surveillance during the
1050	1050	21 probationary term. In addition to the other penalties
1051	1051	22 authorized, the Secretary of the Alabama State Law Enforcement
1052	1052	23 Agency shall revoke the driving privilege or driver's license
1053	1053	24 of the person convicted for a period of five years and the
1054	1054	25 offender shall be required to either have an ignition
1055	1055	26 interlock device installed and operating on the designated
1056	1056	27 motor vehicle driven by the offender for a period of four
1057	1057	Page 39 1 years from the date of issuance of a driver's license
1058	1058	2 indicating that the person's driving privileges are subject to
1059	1059	3 the condition of the installation and use of a certified
1060	1060	4 ignition interlock device on a motor vehicle or have any other
1061	1061	5 alcohol monitoring device approved by the court purchased or
1062	1062	6 leased and operational for a period of four years from the
1063	1063	7 date the offender provides proof of installation, purchase, or
1064	1064	8 lease of the alcohol monitoring device to the court and the
1065	1065	9 agency. After a minimum of one year of the license revocation
1066	1066	10 or suspension pursuant to Section 32-5A-304, this section, or
1067	1067	11 both, is completed, upon receipt of a court order from the
1068	1068	12 convicting court, upon issuance of an ignition interlock
1069	1069	13 restricted driver license, and upon proof of installation of
1070	1070	14 an operational approved ignition interlock device on the
1071	1071	15 designated vehicle of the person convicted, the mandated
1072	1072	16 ignition interlock period of four years provided in this
1073	1073	17 subsection shall start and the suspension period, revocation
1074	1074	18 period, or both, as required under this subsection shall be
1075	1075	19 stayed. If the court ordered any other alcohol monitoring
1076	1076	20 device in lieu of an ignition interlock device, upon receipt
1077	1077	21 of a court order from the convicting court that the person
1078	1078	22 convicted has provided proof of installation, purchase, or
1079	1079	23 lease of an alcohol monitoring device approved by the court,
1080	1080	24 the mandated ignition interlock period of four years provided
1081	1081	25 in this subsection shall start and the suspension period,
1082	1082	26 revocation period, or both, as required under this subsection
1083	1083	27 shall be stayed. The remainder of the driver license
1084	1084	Page 40 1 revocation period, suspension period, or both, shall be
1085	1085	2 commuted upon the successful completion of the period of time
1086	1086	3 in which the ignition interlock device is mandated to be
1087	1087	4 installed and operational or the period of time any other
1088	1088	5 alcohol monitoring device approved by the court is mandated to
1089	1089	6 be operational.
1090	1090	7 "(2) The Alabama habitual felony offender law shall
1091	1091	8 not apply to a conviction of a felony pursuant to this
1092	1092	9 subsection, and a conviction of a felony pursuant to this
1093	1093	10 subsection shall not be a felony conviction for purposes of
1094	1094	11 the enhancement of punishment pursuant to Alabama's habitual
1095	1095	12 felony offender law. However, prior misdemeanor or felony
1096	1096	13 convictions for driving under the influence may be considered
1097	1097	14 as part of the sentencing calculations or determinations under
1098	1098	15 the Alabama Sentencing Guidelines or rules promulgated adopted
1099	1099	16 by the Alabama Sentencing Commission.
1100	1100	17 "(i) When any person convicted of violating this
1101	1101	18 section is found to have had at least 0.15 percent or more by
1102	1102	19 weight of alcohol in his or her blood while operating or being
1103	1103	20 in actual physical control of a vehicle, he or she shall be
1104	1104	21 sentenced to at least double the minimum punishment that the
1105	1105	22 person would have received if he or she had had less than 0.15
1106	1106	23 percent by weight of alcohol in his or her blood. This
1107	1107	24 subsection does not apply to the duration of time an ignition
1108	1108	25 interlock device or any other alcohol monitoring device
1109	1109	26 approved by the court is required by this section. If the
1110	1110	27 adjudicated offense is a misdemeanor, the minimum punishment
1111	1111	Page 41 1 shall be imprisonment for one year, all of which may be
1112	1112	2 suspended except as otherwise provided for in subsections (f)
1113	1113	3 and (g).
1114	1114	4 "(j) When any person over the age of 21 years is
1115	1115	5 convicted of violating this section and it is found that a
1116	1116	6 child under the age of 14 years was a passenger in the vehicle
1117	1117	7 at the time of the offense, the person shall be sentenced to
1118	1118	8 at least double the minimum punishment that the person would
1119	1119	9 have received if the child had not been a passenger in the
1120	1120	10 motor vehicle. This subsection does not apply to the duration
1121	1121	11 of time an ignition interlock device or any other alcohol
1122	1122	12 monitoring device approved by the court is required by this
1123	1123	13 section.
1124	1124	14 "(k)(1) In addition to the penalties provided
1125	1125	15 herein, any person convicted of violating this section shall
1126	1126	16 be referred to the court referral officer for evaluation and
1127	1127	17 referral to appropriate community resources. The defendant
1128	1128	18 shall, at a minimum, be required to complete a DUI or
1129	1129	19 substance abuse court referral program approved by the
1130	1130	20 Administrative Office of Courts and operated in accordance
1131	1131	21 with provisions of the Mandatory Treatment Act of 1990,
1132	1132	22 Sections 12-23-1 to 12-23-19, inclusive. The Alabama State Law
1133	1133	23 Enforcement Agency shall not reissue a driver's license to a
1134	1134	24 person convicted under this section without receiving proof
1135	1135	25 that the defendant has successfully completed the required
1136	1136	26 program.
1137	1137	Page 42 1 "(2) Upon conviction, the court shall notify the
1138	1138	2 Alabama State Law Enforcement Agency if the person convicted
1139	1139	3 is required to install and maintain an approved ignition
1140	1140	4 interlock device or any other alcohol monitoring device
1141	1141	5 approved by the court. The agency shall suspend or revoke a
1142	1142	6 person's driving privileges until completion of the mandatory
1143	1143	7 suspension or revocation period required by this section, and
1144	1144	8 clearance of all other suspensions, revocations,
1145	1145	9 cancellations, or denials, and proof of installation of an
1146	1146	10 approved ignition interlock device or proof of installation,
1147	1147	11 purchase, or lease of any other alcohol monitoring device
1148	1148	12 approved by the court is presented to the agency. The agency
1149	1149	13 shall not reissue a driver's license to a person who has been
1150	1150	14 ordered by a court or is required by law to have the ignition
1151	1151	15 interlock device installed or any other alcohol monitoring
1152	1152	16 device approved by the court to be installed, purchased, or
1153	1153	17 leased until proof is presented that the person is eligible
1154	1154	18 for reinstatement of driving privileges. Upon presentation of
1155	1155	19 proof and compliance with all ignition interlock requirements,
1156	1156	20 the agency shall issue a driver's license with a restriction
1157	1157	21 indicating that the licensee may operate a motor vehicle only
1158	1158	22 with the certified ignition interlock device installed and
1159	1159	23 properly operating. If the licensee fails to maintain the
1160	1160	24 approved ignition interlock device as required or is otherwise
1161	1161	25 not in compliance with any order of the court, the court shall
1162	1162	26 notify the agency of the noncompliance and the agency shall
1163	1163	27 suspend the person's driving privileges until the agency
1164	1164	Page 43 1 receives notification from the court that the licensee is in
1165	1165	2 compliance. If the court ordered any other alcohol monitoring
1166	1166	3 device in lieu of an ignition interlock device, upon
1167	1167	4 presentation of proof and compliance with all alcohol
1168	1168	5 monitoring device requirements, the agency shall issue a
1169	1169	6 driver license to the offender. If the licensee fails to
1170	1170	7 maintain the approved alcohol monitoring device as required,
1171	1171	8 or is otherwise not in compliance with any order of the court,
1172	1172	9 the court shall notify the agency of the noncompliance and the
1173	1173	10 agency shall suspend the person's driving privileges until the
1174	1174	11 agency receives notification from the court that the licensee
1175	1175	12 is in compliance. The requirement that the licensee use the
1176	1176	13 ignition interlock device or any other alcohol monitoring
1177	1177	14 device approved by the court may be removed only when the
1178	1178	15 court of conviction confirms to the agency that the licensee
1179	1179	16 is no longer subject to the ignition interlock device
1180	1180	17 requirement or alcohol monitoring device requirement.
1181	1181	18 "(l) Neither reckless driving nor any other traffic
1182	1182	19 infraction is a lesser included offense under a charge of
1183	1183	20 driving under the influence of alcohol or of a controlled
1184	1184	21 substance.
1185	1185	22 "(m)(1) Except for fines collected for violations of
1186	1186	23 this section charged pursuant to a municipal ordinance, fines
1187	1187	24 collected for violations of this section shall be deposited to
1188	1188	25 the State General Fund; however, beginning October 1, 1995, of
1189	1189	26 any amount collected over two hundred fifty dollars ($250) for
1190	1190	27 a first conviction, over five hundred dollars ($500) for a
1191	1191	Page 44 1 second conviction within 10 years, over one thousand dollars
1192	1192	2 ($1,000) for a third conviction within 10 years, and over two
1193	1193	3 thousand dollars ($2,000) for a fourth or subsequent
1194	1194	4 conviction within 10 years, the first one hundred dollars
1195	1195	5 ($100) of that additional amount shall be deposited to the
1196	1196	6 Alabama Chemical Testing Training and Equipment Trust Fund,
1197	1197	7 after three percent of the one hundred dollars ($100) is
1198	1198	8 deducted for administrative costs, and beginning October 1,
1199	1199	9 1997, and thereafter, the second one hundred dollars ($100) of
1200	1200	10 that additional amount shall be deposited in the Alabama Head
1201	1201	11 and Spinal Cord Injury Trust Fund after deducting five percent
1202	1202	12 of the one hundred dollars ($100) for administrative costs and
1203	1203	13 the remainder of the funds shall be deposited to the State
1204	1204	14 General Fund.
1205	1205	15 "(2) Fines collected for violations of this section
1206	1206	16 charged pursuant to a municipal ordinance where the total fine
1207	1207	17 is paid at one time shall be deposited as follows: The first
1208	1208	18 three hundred fifty dollars ($350) collected for a first
1209	1209	19 conviction, the first six hundred dollars ($600) collected for
1210	1210	20 a second conviction within 10 years, the first one thousand
1211	1211	21 one hundred dollars ($1,100) collected for a third conviction,
1212	1212	22 and the first two thousand one hundred dollars ($2,100)
1213	1213	23 collected for a fourth or subsequent conviction shall be
1214	1214	24 deposited to the State Treasury with the first one hundred
1215	1215	25 dollars ($100) collected for each conviction credited to the
1216	1216	26 Alabama Chemical Testing Training and Equipment Trust Fund and
1217	1217	27 the second one hundred dollars ($100) to the Alabama Head and
1218	1218	Page 45 1 Spinal Cord Injury Trust Fund after deducting five percent of
1219	1219	2 the one hundred dollars ($100) for administrative costs and
1220	1220	3 depositing this amount in the general fund of the
1221	1221	4 municipality, and the balance credited to the State General
1222	1222	5 Fund. Any amounts collected over these amounts shall be
1223	1223	6 deposited as otherwise provided by law.
1224	1224	7 "(3) Fines collected for violations of this section
1225	1225	8 charged pursuant to a municipal ordinance, where the fine is
1226	1226	9 paid on a partial or installment basis, shall be deposited as
1227	1227	10 follows: The first two hundred dollars ($200) of the fine
1228	1228	11 collected for any conviction shall be deposited to the State
1229	1229	12 Treasury with the first one hundred dollars ($100) collected
1230	1230	13 for any conviction credited to the Alabama Chemical Testing
1231	1231	14 Training and Equipment Trust Fund and the second one hundred
1232	1232	15 dollars ($100) for any conviction credited to the Alabama Head
1233	1233	16 and Spinal Cord Injury Trust Fund after deducting five percent
1234	1234	17 of the one hundred dollars ($100) for administrative costs and
1235	1235	18 depositing this amount in the general fund of the
1236	1236	19 municipality. The second three hundred dollars ($300) of the
1237	1237	20 fine collected for a first conviction, the second eight
1238	1238	21 hundred dollars ($800) collected for a second conviction, the
1239	1239	22 second one thousand eight hundred dollars ($1,800) collected
1240	1240	23 for a third conviction, and the second three thousand eight
1241	1241	24 hundred dollars ($3,800) collected for a fourth conviction
1242	1242	25 shall be divided with 50 percent of the funds collected to be
1243	1243	26 deposited to the State Treasury to be credited to the State
1244	1244	27 General Fund and 50 percent deposited as otherwise provided by
1245	1245	Page 46 1 law for municipal ordinance violations. Any amounts collected
1246	1246	2 over these amounts shall be deposited as otherwise provided by
1247	1247	3 law for municipal ordinance violations.
1248	1248	4 "(4) Notwithstanding any provision of law to the
1249	1249	5 contrary, 90 percent of any fine assessed and collected for
1250	1250	6 any DUI offense charged by municipal ordinance violation in
1251	1251	7 district or circuit court shall be computed only on the amount
1252	1252	8 assessed over the minimum fine authorized, and upon collection
1253	1253	9 shall be distributed to the municipal general fund with the
1254	1254	10 remaining 10 percent distributed to the State General Fund.
1255	1255	11 "(5) In addition to fines imposed pursuant to this
1256	1256	12 subsection, a mandatory fee of one hundred dollars ($100)
1257	1257	13 shall be collected from any individual who successfully
1258	1258	14 completes any pretrial diversion or deferral program in any
1259	1259	15 municipal, district, or circuit court where the individual was
1260	1260	16 charged with a violation of this section or a corresponding
1261	1261	17 municipal ordinance. The one hundred dollars ($100) shall be
1262	1262	18 deposited into the Alabama Chemical Testing Training and
1263	1263	19 Equipment Fund.
1264	1264	20 "(6) In addition to the fines and fees imposed
1265	1265	21 pursuant to this subsection, a mandatory fee of one hundred
1266	1266	22 dollars ($100) shall be collected from any individual who
1267	1267	23 successfully completes any pretrial diversion or deferral
1268	1268	24 program in any municipal, district, or circuit court where the
1269	1269	25 individual was charged with a violation of this section or a
1270	1270	26 corresponding municipal ordinance. The one hundred dollars
1271	1271	Page 47 1 ($100) shall be deposited into the Alabama Head and Spinal
1272	1272	2 Cord Injury Trust Fund.
1273	1273	3 "(n)(1) A person who has been arrested for violating
1274	1274	4 this section shall not be released from jail under bond or
1275	1275	5 otherwise, until there is less than the same percent by weight
1276	1276	6 of alcohol in his or her blood as specified in subsection
1277	1277	7 subdivision (a)(1) or, in the case of a person who is under
1278	1278	8 the age of 21 years, subsection (b) hereof.
1279	1279	9 "(2) A judge may require an offender to install and
1280	1280	10 use a certified ignition interlock device as a condition of
1281	1281	11 bond. In that instance, the Secretary of the Alabama State Law
1282	1282	12 Enforcement Agency shall issue the offender a restricted
1283	1283	13 driver's license indicating the person's driving privileges
1284	1284	14 are subject to the condition of the installation and use of a
1285	1285	15 certified ignition interlock device on a motor vehicle. Any
1286	1286	16 driver's license suspension or revocation period pursuant to
1287	1287	17 Section 32-5A-304 shall be stayed during the period the
1288	1288	18 offender is under the bond condition. The period of time the
1289	1289	19 offender has the ignition interlock device installed as a
1290	1290	20 condition of bond shall not be credited to any requirement to
1291	1291	21 have an ignition interlock device upon conviction.
1292	1292	22 "(o) Upon verification that a defendant arrested
1293	1293	23 pursuant to this section is currently on probation from
1294	1294	24 another court of this state as a result of a conviction for
1295	1295	25 any criminal offense, the prosecutor shall provide written or
1296	1296	26 oral notification of the defendant's subsequent arrest and
1297	1297	Page 48 1 pending prosecution to the court in which the prior conviction
1298	1298	2 occurred.
1299	1299	3 "(p)(1) Except as provided in subdivision (2), a
1300	1300	4 prior conviction for driving under the influence from this
1301	1301	5 state, a municipality within this state, or another state or
1302	1302	6 territory or a municipality of another state or territory
1303	1303	7 shall be considered by a court for imposing a sentence
1304	1304	8 pursuant to this section if the prior conviction occurred
1305	1305	9 within 10 years of the date of the current offense.
1306	1306	10 "(2) If the person has a previous felony DUI
1307	1307	11 conviction, then all of the person's subsequent DUI
1308	1308	12 convictions shall be treated as felonies regardless of the
1309	1309	13 date of the previous felony DUI conviction.
1310	1310	14 "(q) Any person convicted of driving under the
1311	1311	15 influence of alcohol, or a controlled substance, or both, or
1312	1312	16 any substance which impairs the mental or physical faculties
1313	1313	17 in violation of this section, a municipal ordinance adopting
1314	1314	18 this section, or a similar law from another state or territory
1315	1315	19 or a municipality of another state or territory more than once
1316	1316	20 in a 10-year period shall have his or her motor vehicle
1317	1317	21 registration for all vehicles owned by the repeat offender
1318	1318	22 suspended by the Alabama Department of Revenue for the
1319	1319	23 duration of the offender's driver's license suspension period,
1320	1320	24 unless such action would impose an undue hardship to any
1321	1321	25 individual, not including the repeat offender, who is
1322	1322	26 completely dependent on the motor vehicle for the necessities
1323	1323	27 of life, including any family member of the repeat offender
1324	1324	Page 49 1 and any co-owner of the vehicle or, in the case of a repeat
1325	1325	2 offender, if the repeat offender has a functioning ignition
1326	1326	3 interlock device installed on the designated vehicle or any
1327	1327	4 other alcohol monitoring device approved by the court, for the
1328	1328	5 duration of the offender's driver's license suspension period.
1329	1329	6 "(r)(1) Any person ordered by the court to have an
1330	1330	7 ignition interlock device installed on a designated vehicle or
1331	1331	8 use any other alcohol monitoring device approved by the court,
1332	1332	9 and any person who elects to have the ignition interlock
1333	1333	10 device installed on a designated vehicle or use any other
1334	1334	11 alcohol monitoring device approved by the court for the
1335	1335	12 purpose of reducing a period of suspension or revocation of
1336	1336	13 his or her driver's license, shall pay to the court, following
1337	1337	14 his or her conviction, two hundred dollars ($200), which may
1338	1338	15 be paid in installments and which shall be divided as follows:
1339	1339	16 "a. Seventeen percent to the Alabama Interlock
1340	1340	17 Indigent Fund.
1341	1341	18 "b. For cases in the district or circuit court, 30
1342	1342	19 percent to the State Judicial Administration Fund administered
1343	1343	20 by the Administrative Office of Courts and for cases in the
1344	1344	21 municipal court, 30 percent to the municipal judicial
1345	1345	22 administration fund of the municipality where the municipal
1346	1346	23 court is located to be used for the operation of the municipal
1347	1347	24 court.
1348	1348	25 "c. Thirty percent to the Highway Traffic Safety
1349	1349	26 Fund administered by the Alabama State Law Enforcement Agency.
1350	1350	Page 50 1 "d. Twenty-three percent to the District Attorney's
1351	1351	2 Solicitor Fund.
1352	1352	3 "(2) In addition to paying the court clerk the fee
1353	1353	4 required above in subdivision (1) following the conviction or
1354	1354	5 the voluntary installation of the ignition interlock device or
1355	1355	6 any other alcohol monitoring device approved by the court, the
1356	1356	7 defendant shall pay all costs associated with the
1357	1357	8 installation, purchase, maintenance, or lease of the ignition
1358	1358	9 interlock devices device to an approved ignition interlock
1359	1359	10 provider pursuant to the rules of the Department of Forensic
1360	1360	11 Sciences, unless the defendant is subject to Section
1361	1361	12 32-5A-191.4(i)(4).
1362	1362	13 "(s) If ordered to install an ignition interlock
1363	1363	14 device, The the defendant shall designate the vehicle to be
1364	1364	15 used by identifying the vehicle by the vehicle identification
1365	1365	16 number to the court. The defendant, at his or her own expense,
1366	1366	17 may designate additional motor vehicles on which an ignition
1367	1367	18 interlock device may be installed for the use of the
1368	1368	19 defendant.
1369	1369	20 "(t)(1) Any person who is required to comply with
1370	1370	21 the ignition interlock provisions of this section,
1371	1371	22 specifically, the requirement to install an ignition interlock
1372	1372	23 device, as a condition of restoration or reinstatement of his
1373	1373	24 or her driver's license, shall only operate the designated
1374	1374	25 vehicle equipped with a functioning ignition interlock device
1375	1375	26 for the period of time consistent with the offense for which
1376	1376	27 he or she was convicted as provided for in this section.
1377	1377	Page 51 1 "(2) The duration of the time an ignition interlock
1378	1378	2 device or any other alcohol monitoring device approved by the
1379	1379	3 court is required by this section shall be one additional year
1380	1380	4 if the offender refused the prescribed chemical test for
1381	1381	5 intoxication.
1382	1382	6 "(u)(1) If the court orders an offender to install
1383	1383	7 an ignition interlock device, the The Alabama State Law
1384	1384	8 Enforcement Agency may set a fee of not more than one hundred
1385	1385	9 fifty dollars ($150) for the issuance of a driver's license
1386	1386	10 indicating that the person's driving privileges are subject to
1387	1387	11 the condition of the installation and use of a certified
1388	1388	12 ignition interlock device on a motor vehicle. Fifteen percent
1389	1389	13 of the fee shall be distributed to the general fund of the
1390	1390	14 county where the person was convicted to be utilized for law
1391	1391	15 enforcement purposes. Eighty-five percent shall be distributed
1392	1392	16 to the State General Fund. In addition, at the end of the time
1393	1393	17 the person's driving privileges are subject to the above
1394	1394	18 conditions, the agency shall set a fee of not more than
1395	1395	19 seventy-five dollars ($75) to reissue a regular driver's
1396	1396	20 license. The fee shall be deposited as provided in Sections
1397	1397	21 32-6-5, 32-6-6, and 32-6-6.1.
1398	1398	22 "(2) The defendant shall provide proof of
1399	1399	23 installation of an approved ignition interlock device to the
1400	1400	24 Alabama State Law Enforcement Agency as a condition of the
1401	1401	25 issuance of a restricted driver's license.
1402	1402	26 "(3) Any ignition interlock driving violation
1403	1403	27 committed by the offender during the mandated ignition
1404	1404	Page 52 1 interlock period shall extend the duration of ignition
1405	1405	2 interlock use for six months. Ignition interlock driving
1406	1406	3 violations include any of the following:
1407	1407	4 "a. A breath sample at or above a minimum blood
1408	1408	5 alcohol concentration level of 0.02 recorded four or more
1409	1409	6 times during the monthly reporting period unless a subsequent
1410	1410	7 test performed within 10 minutes registers a breath alcohol
1411	1411	8 concentration lower than 0.02.
1412	1412	9 "b. Any tampering, circumvention, or bypassing of
1413	1413	10 the ignition interlock device, or attempt thereof.
1414	1414	11 "c. Failure to comply with the servicing or
1415	1415	12 calibration requirements of the ignition interlock device
1416	1416	13 every 30 days.
1417	1417	14 "(v) Nothing in this section and Section 32-5A-191.4
1418	1418	15 shall require an employer to install an ignition interlock
1419	1419	16 device in a vehicle owned or operated by the employer for use
1420	1420	17 by an employee required to use the device as a condition of
1421	1421	18 driving pursuant to this section and Section 32-5A-191.4.
1422	1422	19 "(w) The provisions in this section and Section
1423	1423	20 32-5A-191.4 relating to ignition interlock devices or any
1424	1424	21 other alcohol monitoring device approved by the court shall
1425	1425	22 not apply to persons who commit violations of this section
1426	1426	23 while under 19 years of age and who are adjudicated in
1427	1427	24 juvenile court, unless specifically ordered otherwise by the
1428	1428	25 court.
1429	1429	26 "(x)(1) The amendatory language in Act 2014-222 to
1430	1430	27 this section, authorizing the Alabama State Law Enforcement
1431	1431	Page 53 1 Agency to stay a driver's license suspension or revocation
1432	1432	2 upon compliance with the ignition interlock requirement
1433	1433	3 requirements or any other alcohol monitoring device
1434	1434	4 requirements shall apply retroactively if any of the following
1435	1435	5 occurs:
1436	1436	6 "a. The offender files an appeal with the court of
1437	1437	7 jurisdiction requesting all prior suspensions or revocation,
1438	1438	8 or both, be stayed upon compliance with the ignition interlock
1439	1439	9 requirement requirements or any other alcohol monitoring
1440	1440	10 device requirements.
1441	1441	11 "b. The offender wins appeal with the court of
1442	1442	12 jurisdiction relating to this section.
1443	1443	13 "c. The court of jurisdiction notifies the Alabama
1444	1444	14 State Law Enforcement Agency agency that the offender is
1445	1445	15 eligible to have the driver's license stayed.
1446	1446	16 "d. The Alabama State Law Enforcement Agency agency
1447	1447	17 issues an ignition interlock restricted driver's license.
1448	1448	18 "e. The offender remains in compliance of ignition
1449	1449	19 interlock requirements or any other alcohol monitoring device
1450	1450	20 requirements.
1451	1451	21 "(2) The remainder of the driver license revocation,
1452	1452	22 suspension, or both, shall be commuted upon the successful
1453	1453	23 completion of the period of time in which the ignition
1454	1454	24 interlock device or any other alcohol monitoring device
1455	1455	25 approved by the court is mandated to be installed and
1456	1456	26 operational.
1457	1457	Page 54 1 "(y) Pursuant to Section 15-22-54, the maximum
1458	1458	2 probation period for persons convicted under this section
1459	1459	3 shall be extended until all ignition interlock requirements or
1460	1460	4 any other alcohol monitoring device requirements have been
1461	1461	5 completed by the offender.
1462	1462	6 "(z) Notwithstanding the ignition interlock
1463	1463	7 requirements of this section, no person may be required to
1464	1464	8 install an ignition interlock device if there is not a
1465	1465	9 certified ignition interlock provider available within a 50
1466	1466	10 mile radius of his or her place of residence or place of
1467	1467	11 business or employment."
1468	1468	12 Section 3. Section 32-5A-191.4, Code of Alabama
1469	1469	13 1975, is amended to read as follows:
1470	1470	14 "§32-5A-191.4.
1471	1471	15 "(a)(1) As used in Section 32-5A-191, the term,
1472	1472	16 "ignition interlock device" means a constant monitoring device
1473	1473	17 that prevents a motor vehicle from being started at any time
1474	1474	18 without first determining the equivalent blood alcohol level
1475	1475	19 of the operator through the taking of a breath sample for
1476	1476	20 testing. The system shall be calibrated so that the motor
1477	1477	21 vehicle may not be started if the blood alcohol level of the
1478	1478	22 operator, as measured by the test, reaches a blood alcohol
1479	1479	23 concentration level of 0.02.
1480	1480	24 "(2) In lieu of requiring an offender to install an
1481	1481	25 ignition interlock device, a court may order an offender to
1482	1482	26 install, purchase, or lease any other alcohol monitoring
1483	1483	27 device approved by the court.
1484	1484	Page 55 1 "(b) The ignition interlock device shall be
1485	1485	2 installed, calibrated, and monitored directly by trained
1486	1486	3 technicians who shall train the offender for whom the device
1487	1487	4 is being installed in the proper use of the device. The use of
1488	1488	5 a mail in mail-in or remote calibration system where the
1489	1489	6 technician is not in the immediate proximity of the vehicle
1490	1490	7 being calibrated is prohibited. The Department of Forensic
1491	1491	8 Sciences shall promulgate adopt rules for punishment and
1492	1492	9 appeal for ignition interlock providers relating to violation
1493	1493	10 of this subsection.
1494	1494	11 "(c) The department shall formulate and promulgate
1495	1495	12 adopt rules for the proper approval, installation, and use of
1496	1496	13 ignition interlock devices. Additionally, the department shall
1497	1497	14 maintain and make public the list of approved ignition
1498	1498	15 interlock devices.
1499	1499	16 "(d) The department may adopt in whole or relevant
1500	1500	17 part the guidelines, rules, regulations, studies, or
1501	1501	18 independent laboratory tests performed or relied upon by other
1502	1502	19 states, their agencies, or commissions.
1503	1503	20 "(e) The department shall promulgate adopt rules
1504	1504	21 regulating approved ignition interlock providers related to
1505	1505	22 areas of consumer coverage. The rules shall address areas of
1506	1506	23 consumer coverage and shall provide for a two-year period from
1507	1507	24 July 1, 2014, to allow provider compliance.
1508	1508	25 "(f) The department shall charge an application fee
1509	1509	26 of two thousand dollars ($2,000) to any ignition interlock
1510	1510	27 provider to evaluate the instrument. Any ignition interlock
1511	1511	Page 56 1 provider whose ignition interlock device is approved by the
1512	1512	2 department shall be permitted to install and calibrate its
1513	1513	3 approved device in Alabama. Each year during the month of
1514	1514	4 April, the department may receive applications and instruments
1515	1515	5 to review for approval.
1516	1516	6 "(g) The Alabama State Law Enforcement Agency shall
1517	1517	7 be responsible for enforcing the rules promulgated adopted by
1518	1518	8 the department related to ignition interlock devices and
1519	1519	9 providers. The agency shall promulgate adopt rules regulating
1520	1520	10 the inspection and enforcement of approved ignition interlock
1521	1521	11 providers and any associate service locations.
1522	1522	12 "(h) In the absence of negligence, wantonness, or
1523	1523	13 willful misconduct, no person or employer or agent of a person
1524	1524	14 who installs an ignition interlock device or any other alcohol
1525	1525	15 monitoring device approved by the court pursuant to Section
1526	1526	16 32-5A-191 shall be liable for any occurrence related to the
1527	1527	17 device, including, but not limited to, occurrences resulting
1528	1528	18 from or related to a malfunction of the device or use of,
1529	1529	19 misuse of, or failure to use the device or the vehicle in
1530	1530	20 which the device was installed.
1531	1531	21 "(i)(1) When the court imposes the use of an
1532	1532	22 ignition interlock device or any other alcohol monitoring
1533	1533	23 device approved by the court as required by Section 32-5A-191,
1534	1534	24 the court shall require that the person provide proof of
1535	1535	25 installation of a device to the court or a probation officer
1536	1536	26 within 30 days of the date the defendant becomes eligible to
1537	1537	27 receive an ignition interlock-restricted interlock restricted
1538	1538	Page 57 1 driver license from the agency or within 30 days of the
1539	1539	2 court's order if ordered to install, purchase, or lease or any
1540	1540	3 other alcohol monitoring device approved by the court. If the
1541	1541	4 person fails to provide proof of installation within that
1542	1542	5 period, absent a finding by the court of good cause for that
1543	1543	6 failure which is entered into the court record, the court may
1544	1544	7 revoke the person's probation where applicable after a
1545	1545	8 petition to revoke probation has been filed and the defendant
1546	1546	9 has been given notice and an opportunity to be heard on the
1547	1547	10 petition. The court in which the defendant is convicted shall
1548	1548	11 notify the agency that the defendant is restricted to the
1549	1549	12 operation of a motor vehicle only when an approved ignition
1550	1550	13 interlock device is installed and properly operating or that a
1551	1551	14 defendant is only eligible for a driver license once the
1552	1552	15 defendant has provided proof of the installation, purchase, or
1553	1553	16 lease of any other alcohol monitoring device to the court and
1554	1554	17 the agency. Nothing in this subsection shall permit a person
1555	1555	18 who does not own a vehicle or otherwise have an ignition
1556	1556	19 interlock device installed on a motor vehicle to operate a
1557	1557	20 motor vehicle without an approved ignition interlock device
1558	1558	21 installed and properly operating.
1559	1559	22 "(2) Proof of installation for the purpose of this
1560	1560	23 subsection may be furnished by either a certificate of
1561	1561	24 installation or a copy of the lease agreement in the name of
1562	1562	25 the offender for the designated vehicle with an approved
1563	1563	26 ignition interlock device company provider.
1564	1564	Page 58 1 "(3) A defendant who is determined by the court to
1565	1565	2 be indigent for the purpose of ignition interlock may have an
1566	1566	3 ignition interlock device installed by an ignition interlock
1567	1567	4 provider as provided in this subsection. Criteria for
1568	1568	5 determining indigency for the purpose of ignition interlock
1569	1569	6 shall be the same criteria as set forth in Section 15-12-5(b)
1570	1570	7 and (c) after the report is complete. The defendant shall
1571	1571	8 execute an affidavit of substantial hardship on a form
1572	1572	9 approved by the Supreme Court. The completed affidavit of
1573	1573	10 substantial hardship and the subsequent order of the court
1574	1574	11 either denying or granting indigency status for the purpose of
1575	1575	12 ignition interlock to the offender shall become a part of the
1576	1576	13 official court record in the case and shall be submitted by
1577	1577	14 the offender to the ignition interlock provider.
1578	1578	15 "(4) Any offender granted indigency status for the
1579	1579	16 purpose of ignition interlock shall not be required to pay the
1580	1580	17 costs associated with installing and maintaining an ignition
1581	1581	18 interlock device nor required to pay any ignition interlock
1582	1582	19 fees charged to a defendant who does not own a vehicle or
1583	1583	20 otherwise have an ignition interlock device installed on a
1584	1584	21 vehicle pursuant to subdivision (6) for the period of any
1585	1585	22 sentence for ignition interlock. The defendant shall pay any
1586	1586	23 fees for any violation of ignition interlock requirements and
1587	1587	24 for any optional services elected by the defendant and for any
1588	1588	25 missing or damaged equipment. This section shall not affect
1589	1589	26 any fees associated with the driver's license of the
1590	1590	27 defendant.
1591	1591	Page 59 1 "(5)a. The agency shall require each approved
1592	1592	2 manufacturer ignition interlock provider to provide a minimum
1593	1593	3 number of indigent defendants with ignition interlock
1594	1594	4 services, including installation, lease, calibration, and
1595	1595	5 removal, at no cost to the indigent defendant. The minimum
1596	1596	6 number of indigent defendants provided services shall be equal
1597	1597	7 to five percent of the total installations provided by the
1598	1598	8 manufacturer ignition interlock provider during the prior
1599	1599	9 calendar year.
1600	1600	10 "b. The agency shall oversee the administration of
1601	1601	11 indigent services on an annual basis by doing all of the
1602	1602	12 following:
1603	1603	13 "1. Verifying the total number of installations
1604	1604	14 provided by the manufacturer ignition interlock provider each
1605	1605	15 year.
1606	1606	16 "2. Verifying the number of installations for
1607	1607	17 indigent defendants provided each year by each manufacturer
1608	1608	18 ignition interlock provider.
1609	1609	19 "3. Conducting random audits of payments based on
1610	1610	20 the list of indigent defendants serviced by each manufacturer
1611	1611	21 ignition interlock provider.
1612	1612	22 "c. Each manufacturer ignition interlock provider
1613	1613	23 who fails to meet the five percent threshold for indigent
1614	1614	24 defendants shall be subject to a civil penalty of five hundred
1615	1615	25 dollars ($500) for each indigent defendant the manufacturer
1616	1616	26 ignition interlock provider failed to provide services below
1617	1617	27 the five percent threshold. All fines shall be collected by
1618	1618	Page 60 1 the agency and deposited in the Alabama Ignition Interlock
1619	1619	2 Indigent Fund.
1620	1620	3 "d. The Alabama Ignition Interlock Indigent Fund is
1621	1621	4 created in the State Treasury. The fund shall be administered
1622	1622	5 by the agency. Except as provided in paragraph e., all of the
1623	1623	6 money in the fund shall be used to reimburse ignition
1624	1624	7 interlock device providers who have installed devices in
1625	1625	8 vehicles of indigent persons pursuant to court orders issued
1626	1626	9 under this section. No provider shall be reimbursed for an
1627	1627	10 ignition interlock device installed without the completed
1628	1628	11 affidavit of substantial hardship and the subsequent order of
1629	1629	12 the court granting indigency status. Payments to ignition
1630	1630	13 interlock device providers pursuant to this subdivision shall
1631	1631	14 be made every three months. If the amount of money in the fund
1632	1632	15 at the time payments are made is not sufficient to pay all
1633	1633	16 requests for reimbursement submitted during that three-month
1634	1634	17 period, the Comptroller shall make payments on a pro rata
1635	1635	18 basis and those payments shall be considered payment in full
1636	1636	19 for the requests submitted. At the end of each fiscal year,
1637	1637	20 all monies above five hundred thousand dollars ($500,000)
1638	1638	21 remaining in the Alabama Ignition Interlock Indigent Fund
1639	1639	22 shall be divided as follows:
1640	1640	23 "1. Thirty percent to the Highway Traffic Safety
1641	1641	24 Fund administered by the Alabama State Law Enforcement Agency.
1642	1642	25 "2. Twenty percent to the Alabama Chemical Testing
1643	1643	26 Training and Equipment Trust Fund administered by the
1644	1644	27 Department of Forensic Sciences.
1645	1645	Page 61 1 "3. Thirty percent to the District Attorney's
1646	1646	2 Solicitor's Fund.
1647	1647	3 "4. Twenty percent to the Office of Prosecution
1648	1648	4 Services.
1649	1649	5 "e. Notwithstanding the provisions of paragraph d.,
1650	1650	6 10 percent of the first five hundred thousand dollars
1651	1651	7 ($500,000) collected in the fund each year may be used by the
1652	1652	8 Alabama State Law Enforcement Agency for any of the following
1653	1653	9 additional purposes on an annual basis:
1654	1654	10 "1. Annual reporting and assessment of manufacturer
1655	1655	11 ignition interlock provider compliance with indigent service
1656	1656	12 requirements.
1657	1657	13 "2. Notice and collection of any fines for
1658	1658	14 noncompliance.
1659	1659	15 "3. Annual inspection of interlock service centers
1660	1660	16 by the agency.
1661	1661	17 "(6) Any defendant who does not own a vehicle or
1662	1662	18 otherwise have an ignition interlock device installed on a
1663	1663	19 vehicle or who does not install, purchase, or lease any other
1664	1664	20 alcohol monitoring device approved by the court shall be
1665	1665	21 required to pay seventy-five dollars ($75) per month for the
1666	1666	22 entire period the defendant is required or elects to have an
1667	1667	23 ignition interlock device or any other alcohol monitoring
1668	1668	24 device approved by the court unless the defendant is
1669	1669	25 determined by the court to be indigent as provided for in
1670	1670	26 subdivision (3). The defendant shall still serve all license
1671	1671	27 suspension or revocation, or both, during this period. Any
1672	1672	Page 62 1 monies paid pursuant to this subdivision shall be paid to the
1673	1673	2 court clerk and shall be deposited in the Alabama Impaired
1674	1674	3 Driving Prevention and Enforcement Fund in the State Treasury
1675	1675	4 to be used by the Alabama State Law Enforcement Agency for
1676	1676	5 impaired driving education and enforcement.
1677	1677	6 "(j) No person who is prohibited from operating a
1678	1678	7 motor vehicle unless it is equipped with an ignition interlock
1679	1679	8 device as provided in Section 32-5A-191 shall knowingly:
1680	1680	9 "(1) Operate, lease, or borrow a motor vehicle
1681	1681	10 unless that vehicle is equipped with a functioning ignition
1682	1682	11 interlock device.
1683	1683	12 "(2) Request or solicit any other person to blow
1684	1684	13 into an ignition interlock device or to start a motor vehicle
1685	1685	14 equipped with the device for the purpose of providing the
1686	1686	15 person so restricted with an operable motor vehicle.
1687	1687	16 "(k)(1) Any person who operates a motor vehicle in
1688	1688	17 violation of subsection (j) shall be immediately removed from
1689	1689	18 the vehicle and taken into custody. The vehicle, regardless of
1690	1690	19 ownership or possessory interest of the operator or person
1691	1691	20 present in the vehicle, except when the owner of the vehicle
1692	1692	21 or another family member of the owner is present in the
1693	1693	22 vehicle and presents a valid driver's license, shall be
1694	1694	23 impounded by any duly sworn law enforcement officer pursuant
1695	1695	24 to Section 32-6-19(c). If there is an emergency or medical
1696	1696	25 necessity jeopardizing life or limb, the law enforcement
1697	1697	26 officer may elect not to impound the vehicle.
1698	1698	Page 63 1 "(2) A violation of subsection (j) on the first
1699	1699	2 offense is a Class A misdemeanor. In addition, the time the
1700	1700	3 defendant is required to use an ignition interlock device
1701	1701	4 shall be extended by six months. Upon second conviction of a
1702	1702	5 violation of subsection (j), the sentence shall include a
1703	1703	6 mandatory sentence, which is not subject to suspension or
1704	1704	7 probation, of imprisonment in the county or municipal jail for
1705	1705	8 not less than 48 hours and the time the defendant is required
1706	1706	9 to use an ignition interlock device shall be extended by six
1707	1707	10 months. Upon a third or subsequent conviction of a violation
1708	1708	11 of subsection (j), the sentence shall include a mandatory
1709	1709	12 sentence, which is not subject to suspension or probation, of
1710	1710	13 imprisonment in the county or municipal jail for not less than
1711	1711	14 five days and the time the defendant shall be required to use
1712	1712	15 an ignition interlock device shall be extended by one year.
1713	1713	16 "(l) No person shall blow into an ignition interlock
1714	1714	17 device, any other alcohol monitoring device approved by the
1715	1715	18 court, or start a motor vehicle equipped with the device for
1716	1716	19 the purpose of providing an operable motor vehicle to a person
1717	1717	20 who is prohibited from operating a motor vehicle without an
1718	1718	21 ignition interlock device.
1719	1719	22 "(m) No person shall intentionally attempt to tamper
1720	1720	23 with, defeat, or circumvent the operation of an ignition
1721	1721	24 interlock device or any other alcohol monitoring device
1722	1722	25 approved by the court.
1723	1723	26 "(n) Any person convicted of a violation of this
1724	1724	27 section other than subsection (j) shall be punished by
1725	1725	Page 64 1 imprisonment for not more than six months or a fine of not
1726	1726	2 more than five hundred dollars ($500), or both."
1727	1727	3 Section 4. Although this bill would have as its
1728	1728	4 purpose or effect the requirement of a new or increased
1729	1729	5 expenditure of local funds, the bill is excluded from further
1730	1730	6 requirements and application under Amendment 621, as amended
1731	1731	7 by Amendment 890, now appearing as Section 111.05 of the
1732	1732	8 Official Recompilation of the Constitution of Alabama of 1901,
1733	1733	9 as amended, because the bill defines a new crime or amends the
1734	1734	10 definition of an existing crime.
1735	1735	11 Section 5. This act shall become effective on the
1736	1736	12 first day of the third month following its passage and
1737	1737	13 approval by the Governor, or its otherwise becoming law.
1738	1738	Page 65