HB614INTRODUCED
Page 0
HB614
TB3DS91-1
By Representatives Boyd, Clarke, Gray, Lawrence, Forte, Lands,
Jackson, Hall, Hollis, Sellers, Datcher, Bracy, Jones, Travis,
England, McCampbell, Drummond, Tillman, Moore (M), Daniels,
Ensler, Rafferty, McClammy, Chestnut, Givan, Warren
RFD: Public Safety and Homeland Security
First Read: 24-Apr-25
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8 TB3DS91-1 04/11/2025 THR (L)THR 2025-1224
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First Read: 24-Apr-25
SYNOPSIS:
Under existing law, a person convicted of
driving under the influence for the first time has his
or her driver license suspended for 90 days.
This bill would provide that a person convicted
of driving under the influence for the first time shall
have his or her driver license suspended for six
months.
This bill would also make conforming changes.
A BILL
TO BE ENTITLED
AN ACT
Relating to motor vehicles; to amend Section 32-5A-191,
Code of Alabama 1975; to revise the mandatory length of time a
driver license is suspended or an ignition interlock device is
installed for a first time conviction for driving under the
influence.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 32-5A-191, Code of Alabama 1975, is
amended to read as follows:
"§32-5A-191
(a) A person shall not drive or be in actual physical
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(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 that renders him or her incapable of safely driving.
(b)(1) A person who is under the age of 21 years of age
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.
(2) The Alabama State Law Enforcement Agency shall
suspend or revoke the driver's driver 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.
(3) 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 driver
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, the person's attorney of
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to courts, law enforcement agencies, 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.
(4) 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 driver
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
C.F.R. 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,
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blood. Notwithstanding the other provisions of this section,
the commercial driver's driver 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 C.F.R. § 383.51, as applicable, and the
person's regular driver's driver 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)(1)a. 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.
b. In addition, on a first conviction, the Secretary of
the Alabama State Law Enforcement Agency shall suspend the
driving privilege or driver's driver license of the person
convicted for a period of 90 dayssix months. The 90-day
six-month suspension shall be stayed if the offender elects to
have an approved ignition interlock device installed and
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have an approved ignition interlock device installed and
operating on the designated motor vehicle driven by the
offender for 90 dayssix months.
c. The offender shall present proof of installation of
the 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.
(2)a. If, on a first conviction, any person refusing to
provide a blood alcohol concentration or if a child under the
age of 14 years of age 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 driver license of the person convicted for a period
of 90 days six months 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 driver
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.
b. After a minimum of 45 days of the license revocation
or suspension pursuant to Section 32-5A-304 or this section,
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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
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.
c. 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)(1) 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.
(2) 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.
(3) In addition, the Secretary of the Alabama State Law
Enforcement Agency shall revoke the driving privileges or
driver's driver license of the person convicted for a period
of one year, and the offender shall be required to have an
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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 driver
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.
(4) After a minimum of 45 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 two years approved in
this subsection shall start and the suspension period,
revocation period, or both, as required under this subsection
shall be stayed.
(5) 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)(1) 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
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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.
(2) In addition, the Secretary of the Alabama State Law
Enforcement Agency shall revoke the driving privilege or
driver's driver 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 years from the date of issuance of a driver's driver
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.
(3) 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.
(4) 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
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ignition interlock device is mandated to be installed and
operational.
(h)(1) 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.
(2) 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.
(3) Where imprisonment does not exceed one year and one
day, confinement shall be in the county jail.
(4) 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.
(5) 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.
(6) 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.
(7) In addition to the other penalties authorized, the
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(7) In addition to the other penalties authorized, the
Secretary of the Alabama State Law Enforcement Agency shall
revoke the driving privilege or driver's driver 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 driver 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.
(8) 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 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.
(9) 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.
(10)a. The Alabama habitual felony offender law shall
not apply to a conviction of a felony pursuant to this
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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.
b. 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 adopted by the
Alabama Sentencing Commission.
(i)(1) 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.
(2) This subsection does not apply to the duration of
time an ignition interlock device is required by this section.
(3) 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)(1) When any person over the age of 21 years of age
is convicted of violating this section and it is found that a
child under the age of 14 years of age 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
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person would have received if the child had not been a
passenger in the motor vehicle.
(2) This subsection does not apply to the duration of
time an ignition interlock device is required by this section.
(k)(1)a. In addition to the penalties provided hereinin
this section, any person convicted of violating this section
shall be referred to the court referral officer for evaluation
and referral to appropriate community resources.
b. 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 Chapter 23 of
Title 12.
c. The Alabama State Law Enforcement Agency shall not
reissue a driver's driver license to a person convicted under
this section without receiving proof that the defendant has
successfully completed the required program.
(2)a. Upon conviction, the court shall notify the
Alabama State Law Enforcement Agency if the person convicted
is required to install and maintain an approved ignition
interlock device.
b. 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.
c. The agency shall not reissue a driver's driver
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c. The agency shall not reissue a driver's driver
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.
d. Upon presentation of proof and compliance with all
ignition interlock requirements, the agency shall issue a
driver's driver license with a restriction indicating that the
licensee may operate a motor vehicle only with the certified
ignition interlock device installed and properly operating.
e. 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.
f. 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
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
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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)a. 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
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
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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.
b. Any amounts collected over these amounts shall be
deposited as otherwise provided by law.
(3)a. 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.
b. The second three hundred dollars ($300) of the fine
collected for a first conviction, the second eight 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
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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.
c. 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)a. 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.
b. The one hundred dollars ($100) shall be deposited
into the Alabama Chemical Testing Training and Equipment Fund.
(6)a. In addition to the fines and fees 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
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program in any municipal, district, or circuit court where the
individual was charged with a violation of this section or a
corresponding municipal ordinance.
b. 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 of age, subsection (b) hereof.
(2)a. 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.
b. Any driver's driver license suspension or revocation
period pursuant to Section 32-5A-304 shall be stayed during
the period the offender is under the bond condition.
c. 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
another court of this state as a result of a conviction for
any criminal offense, the prosecutor shall provide written or
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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 driver license suspension
period, unless such action would impose an undue hardship to
any individual, not including the repeat offender, who is
completely dependent on the motor vehicle for the necessities
of life, including any family member of the repeat offender
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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 driver 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 driver 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
required above following the conviction or the voluntary
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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 driver
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)a. 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 driver license indicating that
the person's driving privileges are subject to the condition
of the installation and use of a certified ignition interlock
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of the installation and use of a certified ignition interlock
device on a motor vehicle.
b. 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.
c. Eighty-five percent shall be distributed to the
State General Fund.
d. 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 driver license.
e. 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 driver 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.
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ignition interlock device, or attempt thereof.
c. Failure to comply with the servicing or calibration
requirements of the ignition interlock device every 30 days.
(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 driver 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 driver license stayed.
d. The Alabama State Law Enforcement Agency issues an
ignition interlock restricted driver's driver license.
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ignition interlock restricted driver's driver license.
e. The offender remains in compliance of ignition
interlock requirements.
(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) 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) 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 place of
employment."
Section 2. This act shall become effective on October
1, 2025.
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