HB391INTRODUCED
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HB391
EJJN529-1
By Representative Rigsby
RFD: Health
First Read: 05-Mar-25
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5 EJJN529-1 03/05/2025 THR (L)ma 2025-1153
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First Read: 05-Mar-25
SYNOPSIS:
Under existing law, a law enforcement officer
may request that a physician, registered nurse,
paramedic, phlebotomist, or other qualified person draw
blood at the direction of a law enforcement officer in
relation to an allegation that an individual was
driving while under the influence.
This bill would authorize qualified individuals
to refuse to draw blood at the direction of a law
enforcement officer in certain circumstances.
A BILL
TO BE ENTITLED
AN ACT
Relating to traffic offenses; to amend Section
32-5A-194, Code of Alabama 1975, to further provide for the
drawing of blood in relation to certain traffic offenses.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 32-5A-194, Code of Alabama 1975, is
amended to read as follows:
"ยง32-5A-194
(a) Upon the trial of any civil, criminal, or
quasi-criminal action or proceeding arising out of acts
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quasi-criminal action or proceeding arising out of acts
alleged to have been committed by any person individual while
driving or in actual physical control of a vehicle while under
the influence, evidence of the amount of alcohol, controlled
substance, or other impairing substance in a person's an
individual's blood at the alleged time, as determined by a
chemical analysis of the person's individual's blood, breath,
oral fluid, or other bodily substance, or any combination
thereof, shall be admissible. Where a chemical test or tests
are made, the following provisions shall apply:
(1) Chemical analyses of the person's individual's
blood, breath, oral fluid, or other bodily substance to be
considered valid shall have been performed according to
methods approved by the Department of Forensic Sciences and by
an individual possessing a valid permit issued by the
Department of Forensic Sciences. The court trying the case may
take judicial notice of the methods approved by the Department
of Forensic Sciences. The Department of Forensic Sciences may
approve satisfactory techniques or methods to ascertain the
qualifications and competence of individuals to conduct the
analyses and to issue permits which shall be subject to
termination or revocation at the discretion of the Department
of Forensic Sciences. The Department of Forensic Sciences
shall approve permits required in this section only for
employees of state, county, municipal, and federal law
enforcement agencies, and for laboratory personnel employed by
the Department of Forensic Sciences.
(2) When a person an individual shall submit to a blood
test at the direction of a law enforcement officer pursuant to
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test at the direction of a law enforcement officer pursuant to
Section 32-5-192, only a physician, a registered nurse, a
paramedic, a phlebotomist, or other qualified person
individual may withdraw blood for the purpose of determining
the alcoholic content or the presence of other impairing
substances. This limitation shall not apply to the taking of
breath or oral fluid. Except as provided by court order, any
qualified individual may refuse to draw blood pursuant to a
request from a law enforcement officer made pursuant to
Section 32-5-192.
(3) The person individual tested may at his or her own
expense have a physician, qualified technician, registered
nurse, or other qualified person individual of his or her own
choosing administer a chemical test or tests in addition to
any administered at the discretion of a law enforcement
officer. The failure or inability to obtain an additional test
by a personan individual shall not preclude the admission of
evidence relating to the test or tests taken at the direction
of a law enforcement officer.
(4) Upon the written request of the person individual
who shall submit to a chemical test or tests at the request of
a law enforcement officer, full information concerning the
test or tests shall be made available to him or her or his or
her attorney.
(5) Percent by weight of alcohol in the blood shall be
based upon grams of alcohol per 100 cubic centimeters of blood
or grams of alcohol per 210 liters of breath.
(b) Upon the trial of any civil, criminal, or
quasi-criminal action or proceeding arising out of acts
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quasi-criminal action or proceeding arising out of acts
alleged to have been committed by any person individual while
driving or in actual physical control of a vehicle while under
the influence of alcohol, the amount of alcohol in the
person's individual's blood at the time alleged as shown by
chemical analysis of the person's individual's blood or breath
shall give rise to all of the following presumptions:
(1) If there were at that time 0.05 percent or less by
weight of alcohol in the person's individual's blood, it shall
be presumed that the person individual was not under the
influence of alcohol unless the person individual was
operating a motor vehicle in performance of his or her duties
as a school bus driver or day care driver at that time or was
under the age of 21 years of age at that time.
(2) If there were at the time in excess of 0.05 percent
but less than 0.08 percent by weight of alcohol in the
person's individual's blood, this fact shall not give rise to
any presumption that the person individual was or was not
under the influence of alcohol, but this fact may be
considered with other competent evidence in determining
whether the person individual was under the influence of
alcohol unless the person individual was operating a motor
vehicle in performance of his or her duties as a school bus
driver or day care driver at that time or was under the age of
21 years of age at that time.
(3) If there were at that time 0.08 percent or more by
weight of alcohol in the person's individual's blood, or
greater than .02 0.02 percent if the person individual was
operating a motor vehicle in performance of his or her duties
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operating a motor vehicle in performance of his or her duties
as a school bus driver or day care driver at that time or was
under the age of 21 years of age at that time, it shall be
presumed that the person individual was under the influence of
alcohol.
(4) Nothing in this section shall be construed as
limiting the introduction of any other competent evidence
relating to the question of whether the person individual was
under the influence of alcohol.
(c) If a person an individual under arrest refuses to
submit to a chemical test or tests pursuant to Section
32-5-192, evidence of refusal shall be admissible in any
civil, criminal, or quasi-criminal action or proceeding
arising out of acts alleged to have been committed while the
person individual was driving or in actual physical control of
a motor vehicle while under the influence.
(d) No physician, registered nurse, phlebotomist,
paramedic, duly licensed chemical laboratory technologist or
clinical laboratory technician, fire department, rescue squad,
private ambulance company, or medical facility shall incur any
civil or criminal liability as a result of the proper
administering of a blood test when requested in writing by a
law enforcement officer to administer such a test."
Section 2. This act shall become effective on October
1, 2025.
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