DG5XHH-1 01/10/2023 CNB (L) tgw 2023-30
Page 1
SYNOPSIS:
Under existing law, a person who has been
charged with driving under the influence and who
participates in a pretrial diversion program or similar
program is required to install an ignition interlock
device on his or her vehicle for a minimum of six
months or the duration of the program, whichever is
greater. This provision will no longer be a requirement
as of July 1, 2023.
This bill would preserve the requirements
currently in law, continuing the requirement that a
person charged with driving under the influence and who
participates in a pretrial diversion program or similar
program be required to install an ignition interlock
device on his or her vehicle for six months or the
duration of the program, whichever is greater.
Section 111.05 of the Constitution of Alabama of
2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 Page 2
the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the amendment. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
Relating to persons charged with driving under the
influence; to amend Section 32-5A-191, Code of Alabama 1975,
effective July 1, 2023, to continue the requirement that a
person charged with driving under the influence and who enters
a pretrial diversion program or similar program be required to
install an ignition interlock device on his or her vehicle for
six months or the duration of the program, whichever is
greater; and in connection therewith would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds within the meaning of Section 111.05 of the
Constitution of Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 32-5A-191, Code of Alabama 1975,
effective July 1, 2023, is amended to read as follows:
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 Page 3
"ยง32-5A-191
(a) A person shall not drive or be in actual physical
control of any vehicle while:
(1) There is 0.08 percent or more by weight of alcohol
in his or her blood;
(2) Under the influence of alcohol;
(3) Under the influence of a controlled substance to a
degree which renders him or her incapable of safely driving;
(4) Under the combined influence of alcohol and a
controlled substance to a degree which renders him or her
incapable of safely driving; or
(5) Under the influence of any substance which impairs
the mental or physical faculties of such person to a degree
which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not
drive or be in actual physical control of any vehicle if there
is 0.02 percent or more by weight of alcohol in his or her
blood. The Alabama State Law Enforcement Agency shall suspend
or revoke the driver's license of any person, including, but
not limited to, a juvenile, child, or youthful offender,
convicted or adjudicated of, or subjected to a finding of,
delinquency based on this subsection. Notwithstanding the
foregoing, upon the first violation of this subsection by a
person whose blood alcohol level is between 0.02 and 0.08, the
person's driver's license or driving privilege shall be
suspended for a period of 30 days in lieu of any penalties
provided in subsection (e) of this section, and there shall be
no disclosure, other than to courts, law enforcement agencies,
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 Page 4
the person's attorney of record, and the person's employer, by
any entity or person of any information, documents, or records
relating to the person's arrest, conviction, or adjudication
of or finding of delinquency based on this subsection.
All persons, except as otherwise provided in this
subsection for a first offense, including, but not limited to,
a juvenile, child, or youthful offender, convicted or
adjudicated of or subjected to a finding of delinquency based
on this subsection shall be fined pursuant to this section,
notwithstanding any other law to the contrary, and the person
shall also be required to attend and complete a DUI or
substance abuse court referral program in accordance with
subsection (k).
(c)(1) A school bus or day care driver shall not drive
or be in actual physical control of any vehicle while in
performance of his or her duties if there is greater than 0.02
percent by weight of alcohol in his or her blood. A person
convicted pursuant to this subsection shall be subject to the
penalties provided by this section, except that on the first
conviction the Secretary of the Alabama State Law Enforcement
Agency shall suspend the driving privilege or driver's license
for a period of one year.
(2) A person shall not drive or be in actual physical
control of a commercial motor vehicle, as defined in 49 CFR
Part 383.5 of the Federal Motor Carrier Safety Regulations as
adopted pursuant to Section 32-9A-2, if there is 0.04 percent
or greater by weight of alcohol in his or her blood.
Notwithstanding the other provisions of this section, the
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 Page 5
commercial driver's license or commercial driving privilege of
a person convicted of violating this subdivision shall be
disqualified for the period provided in accordance with 49 CFR
Part 383.51, as applicable, and the person's regular driver's
license or privilege to drive a regular motor vehicle shall be
governed by the remainder of this section if the person is
guilty of a violation of another provision of this section.
(3) Any commutation of suspension or revocation time as
it relates to a court order, approval, and installation of an
ignition interlock device shall not apply to commercial
driving privileges or disqualifications.
(d) The fact that any person charged with violating
this section is or has been legally entitled to use alcohol or
a controlled substance shall not constitute a defense against
any charge of violating this section.
(e) Upon first conviction, a person violating this
section shall be punished by imprisonment in the county or
municipal jail for not more than one year, or by fine of not
less than six hundred dollars ($600) nor more than two
thousand one hundred dollars ($2,100), or by both a fine and
imprisonment. In addition, on a first conviction, the
Secretary of the Alabama State Law Enforcement Agency shall
suspend the driving privilege or driver's license of the
person convicted for a period of 90 days. The 90-day
suspension shall be stayed if the offender elects to have an
approved ignition interlock device installed and operating on
the designated motor vehicle driven by the offender for 90
days. The offender shall present proof of installation of the
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 Page 6
approved ignition interlock device to the Alabama State Law
Enforcement Agency and obtain an ignition interlock restricted
driver license. The remainder of the suspension shall be
commuted upon the successful completion of the elected use,
mandated use, or both, of the ignition interlock device. If,
on a first conviction, any person refusing to provide a blood
alcohol concentration or if a child under the age of 14 years
was a passenger in the vehicle at the time of the offense or
if someone else besides the offender was injured at the time
of the offense, or if the offender is found to have had at
least 0.15 percent or more by weight of alcohol in his or her
blood while operating or being in actual control of a vehicle,
the Secretary of the Alabama State Law Enforcement Agency
shall suspend the driving privilege or driver's license of the
person convicted for a period of 90 days and the person shall
be required to have an ignition interlock device installed and
operating on the designated motor vehicle driven by the
offender for a period of one year from the date of issuance of
a driver's license indicating that the person's driving
privileges are subject to the condition of the installation
and use of a certified ignition interlock device on a motor
vehicle. After a minimum of 45 days of the license revocation
or suspension pursuant to Section 32-5A-304 or this section,
or both, is completed, upon receipt of a court order from the
convicting court, upon issuance of an ignition interlock
restricted driver license, and upon proof of installation of
an operational approved ignition interlock device on the
designated vehicle of the person convicted, the mandated
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 Page 7
ignition interlock period of one year provided in this
subsection shall start and the suspension period, revocation
period, or both, as required under this subsection shall be
stayed. The remainder of the driver license revocation period,
suspension period, or both, shall be commuted upon the
successful completion of the period of time in which the
ignition interlock device is mandated to be installed and
operational.
(f) On a second conviction, a person convicted of
violating this section shall be punished by a fine of not less
than one thousand one hundred dollars ($1,100) nor more than
five thousand one hundred dollars ($5,100) and by
imprisonment, which may include hard labor in the county or
municipal jail for not more than one year. The sentence shall
include a mandatory sentence, which is not subject to
suspension or probation, of imprisonment in the county or
municipal jail for not less than five days or community
service for not less than 30 days. In addition, the Secretary
of the Alabama State Law Enforcement Agency shall revoke the
driving privileges or driver's license of the person convicted
for a period of one year and the offender shall be required to
have an ignition interlock device installed and operating on
the designated motor vehicle driven by the offender for a
period of two years from the date of issuance of a driver's
license indicating that the person's driving privileges are
subject to the condition of the installation and use of a
certified ignition interlock device on a motor vehicle. After
a minimum of 45 days of the license revocation or suspension
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196 Page 8
pursuant to Section 32-5A-304, this section, or both, is
completed, upon receipt of a court order from the convicting
court, upon issuance of an ignition interlock restricted
driver license, and upon proof of installation of an
operational approved ignition interlock device on the
designated vehicle of the person convicted, the mandated
ignition interlock period of two years approved in this
subsection shall start and the suspension period, revocation
period, or both, as required under this subsection shall be
stayed. The remainder of the driver license revocation period,
suspension period, or both, shall be commuted upon the
successful completion of the period of time in which the
ignition interlock device is mandated to be installed and
operational.
(g) On a third conviction, a person convicted of
violating this section shall be punished by a fine of not less
than two thousand one hundred dollars ($2,100) nor more than
ten thousand one hundred dollars ($10,100) and by
imprisonment, which may include hard labor, in the county or
municipal jail for not less than 60 days nor more than one
year, to include a minimum of 60 days which shall be served in
the county or municipal jail and cannot be probated or
suspended. In addition, the Secretary of the Alabama State Law
Enforcement Agency shall revoke the driving privilege or
driver's license of the person convicted for a period of three
years and the offender shall be required to have an ignition
interlock device installed and operating on the designated
motor vehicle driven by the offender for a period of three
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224 Page 9
years from the date of issuance of a driver's license
indicating that the person's driving privileges are subject to
the condition of the installation and use of a certified
ignition interlock device on a motor vehicle. After a minimum
of 60 days of the license revocation or suspension pursuant to
Section 32-5A-304, this section, or both, is completed, upon
receipt of a court order from the convicting court, upon
issuance of an ignition interlock restricted driver license,
and upon proof of installation of an operational approved
ignition interlock device on the designated vehicle of the
person convicted, the mandated ignition interlock period of
three years provided in this subsection shall start and the
suspension period, revocation period, or both, as required
under this subsection shall be stayed. The remainder of the
driver license revocation period, suspension period, or both,
shall be commuted upon the successful completion of the period
of time in which the ignition interlock device is mandated to
be installed and operational.
(h) On a fourth or subsequent conviction, or if the
person has a previous felony DUI conviction, a person
convicted of violating this section shall be guilty of a Class
C felony and punished by a fine of not less than four thousand
one hundred dollars ($4,100) nor more than ten thousand one
hundred dollars ($10,100) and by imprisonment of not less than
one year and one day nor more than 10 years. Any term of
imprisonment may include hard labor for the county or state,
and where imprisonment does not exceed three years,
confinement may be in the county jail. Where imprisonment does
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252 Page 10
not exceed one year and one day, confinement shall be in the
county jail. The minimum sentence shall include a term of
imprisonment for at least one year and one day; provided,
however, that there shall be a minimum mandatory sentence of
10 days which shall be served in the county jail. The
remainder of the sentence may be suspended or probated, but
only if, as a condition of probation, the defendant enrolls
and successfully completes a state certified chemical
dependency program recommended by the court referral officer
and approved by the sentencing court. Where probation is
granted, the sentencing court may, in its discretion, and
where monitoring equipment is available, place the defendant
on house arrest under electronic surveillance during the
probationary term. In addition to the other penalties
authorized, the Secretary of the Alabama State Law Enforcement
Agency shall revoke the driving privilege or driver's license
of the person convicted for a period of five years and the
offender shall be required to have an ignition interlock
device installed and operating on the designated motor vehicle
driven by the offender for a period of four years from the
date of issuance of a driver's license indicating that the
person's driving privileges are subject to the condition of
the installation and use of a certified ignition interlock
device on a motor vehicle. After a minimum of one year of the
license revocation or suspension pursuant to Section
32-5A-304, this section, or both, is completed, upon receipt
of a court order from the convicting court, upon issuance of
an ignition interlock restricted driver license, and upon
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280 Page 11
proof of installation of an operational approved ignition
interlock device on the designated vehicle of the person
convicted, the mandated ignition interlock period of four
years provided in this subsection shall start and the
suspension period, revocation period, or both, as required
under this subsection shall be stayed. The remainder of the
driver license revocation period, suspension period, or both,
shall be commuted upon the successful completion of the period
of time in which the ignition interlock device is mandated to
be installed and operational.
The Alabama habitual felony offender law shall not
apply to a conviction of a felony pursuant to this subsection,
and a conviction of a felony pursuant to this subsection shall
not be a felony conviction for purposes of the enhancement of
punishment pursuant to Alabama's habitual felony offender law.
However, prior misdemeanor or felony convictions for driving
under the influence may be considered as part of the
sentencing calculations or determinations under the Alabama
Sentencing Guidelines or rules promulgated by the Alabama
Sentencing Commission.
(i) When any person convicted of violating this section
is found to have had at least 0.15 percent or more by weight
of alcohol in his or her blood while operating or being in
actual physical control of a vehicle, he or she shall be
sentenced to at least double the minimum punishment that the
person would have received if he or she had had less than 0.15
percent by weight of alcohol in his or her blood. This
subsection does not apply to the duration of time an ignition
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308 Page 12
interlock device is required by this section. If the
adjudicated offense is a misdemeanor, the minimum punishment
shall be imprisonment for one year, all of which may be
suspended except as otherwise provided for in subsections (f)
and (g).
(j) When any person over the age of 21 years is
convicted of violating this section and it is found that a
child under the age of 14 years was a passenger in the vehicle
at the time of the offense, the person shall be sentenced to
at least double the minimum punishment that the person would
have received if the child had not been a passenger in the
motor vehicle. This subsection does not apply to the duration
of time an ignition interlock device is required by this
section.
(k)(1) In addition to the penalties provided herein,
any person convicted of violating this section shall be
referred to the court referral officer for evaluation and
referral to appropriate community resources. The defendant
shall, at a minimum, be required to complete a DUI or
substance abuse court referral program approved by the
Administrative Office of Courts and operated in accordance
with provisions of the Mandatory Treatment Act of 1990,
Sections 12-23-1 to 12-23-19, inclusive. The Alabama State Law
Enforcement Agency shall not reissue a driver's license to a
person convicted under this section without receiving proof
that the defendant has successfully completed the required
program.
(2) Upon conviction, the court shall notify the Alabama
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336 Page 13
State Law Enforcement Agency if the person convicted is
required to install and maintain an approved ignition
interlock device. The agency shall suspend or revoke a
person's driving privileges until completion of the mandatory
suspension or revocation period required by this section, and
clearance of all other suspensions, revocations,
cancellations, or denials, and proof of installation of an
approved ignition interlock device is presented to the agency.
The agency shall not reissue a driver's license to a person
who has been ordered by a court or is required by law to have
the ignition interlock device installed until proof is
presented that the person is eligible for reinstatement of
driving privileges. Upon presentation of proof and compliance
with all ignition interlock requirements, the agency shall
issue a driver's license with a restriction indicating that
the licensee may operate a motor vehicle only with the
certified ignition interlock device installed and properly
operating. If the licensee fails to maintain the approved
ignition interlock device as required or is otherwise not in
compliance with any order of the court, the court shall notify
the agency of the noncompliance and the agency shall suspend
the person's driving privileges until the agency receives
notification from the court that the licensee is in
compliance. The requirement that the licensee use the ignition
interlock device may be removed only when the court of
conviction confirms to the agency that the licensee is no
longer subject to the ignition interlock device requirement.
(l) Neither reckless driving nor any other traffic
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364 Page 14
infraction is a lesser included offense under a charge of
driving under the influence of alcohol or of a controlled
substance.
(m)(1) Except for fines collected for violations of
this section charged pursuant to a municipal ordinance, fines
collected for violations of this section shall be deposited to
the State General Fund; however, beginning October 1, 1995, of
any amount collected over two hundred fifty dollars ($250) for
a first conviction, over five hundred dollars ($500) for a
second conviction within 10 years, over one thousand dollars
($1,000) for a third conviction within 10 years, and over two
thousand dollars ($2,000) for a fourth or subsequent
conviction within 10 years, the first one hundred dollars
($100) of that additional amount shall be deposited to the
Alabama Chemical Testing Training and Equipment Trust Fund,
after three percent of the one hundred dollars ($100) is
deducted for administrative costs, and beginning October 1,
1997, and thereafter, the second one hundred dollars ($100) of
that additional amount shall be deposited in the Alabama Head
and Spinal Cord Injury Trust Fund after deducting five percent
of the one hundred dollars ($100) for administrative costs and
the remainder of the funds shall be deposited to the State
General Fund.
(2) Fines collected for violations of this section
charged pursuant to a municipal ordinance where the total fine
is paid at one time shall be deposited as follows: The first
three hundred fifty dollars ($350) collected for a first
conviction, the first six hundred dollars ($600) collected for
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392 Page 15
a second conviction within 10 years, the first one thousand
one hundred dollars ($1,100) collected for a third conviction,
and the first two thousand one hundred dollars ($2,100)
collected for a fourth or subsequent conviction shall be
deposited to the State Treasury with the first one hundred
dollars ($100) collected for each conviction credited to the
Alabama Chemical Testing Training and Equipment Trust Fund and
the second one hundred dollars ($100) to the Alabama Head and
Spinal Cord Injury Trust Fund after deducting five percent of
the one hundred dollars ($100) for administrative costs and
depositing this amount in the general fund of the
municipality, and the balance credited to the State General
Fund. Any amounts collected over these amounts shall be
deposited as otherwise provided by law.
(3) Fines collected for violations of this section
charged pursuant to a municipal ordinance, where the fine is
paid on a partial or installment basis, shall be deposited as
follows: The first two hundred dollars ($200) of the fine
collected for any conviction shall be deposited to the State
Treasury with the first one hundred dollars ($100) collected
for any conviction credited to the Alabama Chemical Testing
Training and Equipment Trust Fund and the second one hundred
dollars ($100) for any conviction credited to the Alabama Head
and Spinal Cord Injury Trust Fund after deducting five percent
of the one hundred dollars ($100) for administrative costs and
depositing this amount in the general fund of the
municipality. The second three hundred dollars ($300) of the
fine collected for a first conviction, the second eight
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420 Page 16
hundred dollars ($800) collected for a second conviction, the
second one thousand eight hundred dollars ($1,800) collected
for a third conviction, and the second three thousand eight
hundred dollars ($3,800) collected for a fourth conviction
shall be divided with 50 percent of the funds collected to be
deposited to the State Treasury to be credited to the State
General Fund and 50 percent deposited as otherwise provided by
law for municipal ordinance violations. Any amounts collected
over these amounts shall be deposited as otherwise provided by
law for municipal ordinance violations.
(4) Notwithstanding any provision of law to the
contrary, 90 percent of any fine assessed and collected for
any DUI offense charged by municipal ordinance violation in
district or circuit court shall be computed only on the amount
assessed over the minimum fine authorized, and upon collection
shall be distributed to the municipal general fund with the
remaining 10 percent distributed to the State General Fund.
(5) In addition to fines imposed pursuant to this
subsection, a mandatory fee of one hundred dollars ($100)
shall be collected from any individual who successfully
completes any pretrial diversion or deferral program in any
municipal, district, or circuit court where the individual was
charged with a violation of this section or a corresponding
municipal ordinance. The one hundred dollars ($100) shall be
deposited into the Alabama Chemical Testing Training and
Equipment Fund.
(6) In addition to the fines and fees imposed pursuant
to this subsection, a mandatory fee of one hundred dollars
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448 Page 17
($100) shall be collected from any individual who successfully
completes any pretrial diversion or deferral program in any
municipal, district, or circuit court where the individual was
charged with a violation of this section or a corresponding
municipal ordinance. The one hundred dollars ($100) shall be
deposited into the Alabama Head and Spinal Cord Injury Trust
Fund.
(n)(1) A person who has been arrested for violating
this section shall not be released from jail under bond or
otherwise, until there is less than the same percent by weight
of alcohol in his or her blood as specified in subsection
(a)(1) or, in the case of a person who is under the age of 21
years, subsection (b) hereof.
(2) A judge may require an offender to install and use
a certified ignition interlock device as a condition of bond.
In that instance, the Secretary of the Alabama State Law
Enforcement Agency shall issue the offender a restricted
driver's license indicating the person's driving privileges
are subject to the condition of the installation and use of a
certified ignition interlock device on a motor vehicle. Any
driver's license suspension or revocation period pursuant to
Section 32-5A-304 shall be stayed during the period the
offender is under the bond condition. The period of time the
offender has the ignition interlock device installed as a
condition of bond shall not be credited to any requirement to
have an ignition interlock device upon conviction.
(o) Upon verification that a defendant arrested
pursuant to this section is currently on probation from
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476 Page 18
another court of this state as a result of a conviction for
any criminal offense, the prosecutor shall provide written or
oral notification of the defendant's subsequent arrest and
pending prosecution to the court in which the prior conviction
occurred.
(p)(1) Except as provided in subdivision (2), a prior
conviction for driving under the influence from this state, a
municipality within this state, or another state or territory
or a municipality of another state or territory shall be
considered by a court for imposing a sentence pursuant to this
section if the prior conviction occurred within 10 years of
the date of the current offense.
(2) If the person has a previous felony DUI conviction,
then all of the person's subsequent DUI convictions shall be
treated as felonies regardless of the date of the previous
felony DUI conviction.
(q) Any person convicted of driving under the influence
of alcohol, or a controlled substance, or both, or any
substance which impairs the mental or physical faculties in
violation of this section, a municipal ordinance adopting this
section, or a similar law from another state or territory or a
municipality of another state or territory more than once in a
10-year period shall have his or her motor vehicle
registration for all vehicles owned by the repeat offender
suspended by the Alabama Department of Revenue for the
duration of the offender's driver's license suspension period,
unless such action would impose an undue hardship to any
individual, not including the repeat offender, who is
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504 Page 19
completely dependent on the motor vehicle for the necessities
of life, including any family member of the repeat offender
and any co-owner of the vehicle or, in the case of a repeat
offender, if the repeat offender has a functioning ignition
interlock device installed on the designated vehicle for the
duration of the offender's driver's license suspension period.
(r)(1) Any person ordered by the court to have an
ignition interlock device installed on a designated vehicle,
and any person who elects to have the ignition interlock
device installed on a designated vehicle for the purpose of
reducing a period of suspension or revocation of his or her
driver's license, shall pay to the court, following his or her
conviction, two hundred dollars ($200), which may be paid in
installments and which shall be divided as follows:
a. Seventeen percent to the Alabama Interlock Indigent
Fund.
b. For cases in the district or circuit court, 30
percent to the State Judicial Administration Fund administered
by the Administrative Office of Courts and for cases in the
municipal court, 30 percent to the municipal judicial
administration fund of the municipality where the municipal
court is located to be used for the operation of the municipal
court.
c. Thirty percent to the Highway Traffic Safety Fund
administered by the Alabama State Law Enforcement Agency.
d. Twenty-three percent to the District Attorney's
Solicitor Fund.
(2) In addition to paying the court clerk the fee
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532 Page 20
required above following the conviction or the voluntary
installation of the ignition interlock device, the defendant
shall pay all costs associated with the installation,
purchase, maintenance, or lease of the ignition interlock
devices to an approved ignition interlock provider pursuant to
the rules of the Department of Forensic Sciences, unless the
defendant is subject to Section 32-5A-191.4(i)(4).
(s) The defendant shall designate the vehicle to be
used by identifying the vehicle by the vehicle identification
number to the court. The defendant, at his or her own expense,
may designate additional motor vehicles on which an ignition
interlock device may be installed for the use of the
defendant.
(t)(1) Any person who is required to comply with the
ignition interlock provisions of this section as a condition
of restoration or reinstatement of his or her driver's
license, shall only operate the designated vehicle equipped
with a functioning ignition interlock device for the period of
time consistent with the offense for which he or she was
convicted as provided for in this section.
(2) The duration of the time an ignition interlock
device is required by this section shall be one year if the
offender refused the prescribed chemical test for
intoxication.
(u)(1) The Alabama State Law Enforcement Agency may set
a fee of not more than one hundred fifty dollars ($150) for
the issuance of a driver's license indicating that the
person's driving privileges are subject to the condition of
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560 Page 21
the installation and use of a certified ignition interlock
device on a motor vehicle. Fifteen percent of the fee shall be
distributed to the general fund of the county where the person
was convicted to be utilized for law enforcement purposes.
Eighty-five percent shall be distributed to the State General
Fund. In addition, at the end of the time the person's driving
privileges are subject to the above conditions, the agency
shall set a fee of not more than seventy-five dollars ($75) to
reissue a regular driver's license. The fee shall be deposited
as provided in Sections 32-6-5, 32-6-6, and 32-6-6.1.
(2) The defendant shall provide proof of installation
of an approved ignition interlock device to the Alabama State
Law Enforcement Agency as a condition of the issuance of a
restricted driver's license.
(3) Any ignition interlock driving violation committed
by the offender during the mandated ignition interlock period
shall extend the duration of ignition interlock use for six
months. Ignition interlock driving violations include any of
the following:
a. A breath sample at or above a minimum blood alcohol
concentration level of 0.02 recorded four or more times during
the monthly reporting period unless a subsequent test
performed within 10 minutes registers a breath alcohol
concentration lower than 0.02.
b. Any tampering, circumvention, or bypassing of the
ignition interlock device, or attempt thereof.
c. Failure to comply with the servicing or calibration
requirements of the ignition interlock device every 30 days.
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588 Page 22
(v) Nothing in this section and Section 32-5A-191.4
shall require an employer to install an ignition interlock
device in a vehicle owned or operated by the employer for use
by an employee required to use the device as a condition of
driving pursuant to this section and Section 32-5A-191.4.
(w) The provisions in this section and Section
32-5A-191.4 relating to ignition interlock devices shall not
apply to persons who commit violations of this section while
under 19 years of age and who are adjudicated in juvenile
court, unless specifically ordered otherwise by the court.
(x)(1) The amendatory language in Act 2014-222 to this
section, authorizing the Alabama State Law Enforcement Agency
to stay a driver's license suspension or revocation upon
compliance with the ignition interlock requirement shall apply
retroactively if any of the following occurs:
a. The offender files an appeal with the court of
jurisdiction requesting all prior suspensions or revocation,
or both, be stayed upon compliance with the ignition interlock
requirement.
b. The offender wins appeal with the court of
jurisdiction relating to this section.
c. The court of jurisdiction notifies the Alabama State
Law Enforcement Agency that the offender is eligible to have
the driver's license stayed.
d. The Alabama State Law Enforcement Agency issues an
ignition interlock restricted driver's license.
e. The offender remains in compliance of ignition
interlock requirements.
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616 Page 23
(2) The remainder of the driver license revocation,
suspension, or both, shall be commuted upon the successful
completion of the period of time in which the ignition
interlock device is mandated to be installed and operational.
(y)(1) Any person charged in a district, circuit, or
municipal court with a violation of this section or a
municipal ordinance adopted in conformance with this section
who is approved for any pretrial diversion program or similar
program shall be required to install an ignition interlock
device for a minimum of six months or the duration of the
pretrial diversion program, whichever is greater, and meet all
the requirements of this section and Section 32-5A-191.4. A
participant in a pretrial diversion program shall be eligible
for indigency status if the program enrolls indigent
defendants and waives fees for indigent defendants.
(2) Upon receipt of a court order or an agreement from
the district attorney or prosecutor indicating the offender
has entered a pretrial diversion program or any other form of
deferred prosecution agreement, the Secretary of the Alabama
State Law Enforcement Agency shall indicate, as the agency
shall determine, the person's driving privileges are subject
to the condition of the installation and use of a certified
ignition interlock device on a motor vehicle. Any driver's
license suspension period pursuant to Section 32-5A-304 shall
be stayed and then commuted upon the successful completion of
the pretrial diversion program, or any other form of deferred
prosecution agreement.
(3) Upon receipt of a court order detailing any
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644 Page 24
ignition interlock violation of the requirements of this
section or Section 32-5A-191.4 or termination of the
participation in any pretrial diversion program, the Alabama
State Law Enforcement Agency shall suspend or revoke driving
privileges pursuant to this section and Section 32-5A-304.
(4) Nothing in this section shall be construed to
require the Alabama State Law Enforcement Agency to issue an
ignition interlock license or stay or commute any license
suspension or revocation period of a holder of a commercial
driver's license, an operator of a commercial motor vehicle,
or a commercial driver learner permit holder in violation of
other state or federal laws.
(y)(z) Pursuant to Section 15-22-54, the maximum
probation period for persons convicted under this section
shall be extended until all ignition interlock requirements
have been completed by the offender.
(z)(aa) Notwithstanding the ignition interlock
requirements of this section, no person may be required to
install an ignition interlock device if there is not a
certified ignition interlock provider available within a 50
mile radius of his or her place of residence or place of
business or employment."
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672 Page 25
Section 3. This act shall become effective on July 1,
2023, following its passage and approval by the Governor or
its otherwise becoming law.
673
674
675