SB53 Alabama 2010 Session

Under existing law, a person convicted of driving under the influence is subject to certain penalties of increasing severity based on subsequent convictions

Existing law does not require a person convicted of driving under the influence to have installed and operating an ignition interlock device on any motor vehicle driven by the offender for certain periods of time

This bill would require under certain conditions for a person convicted of driving under the influence to have installed and operating an ignition interlock device on any motor vehicle driven by the offender for increasing periods of time based on a conviction or subsequent convictions

This bill would also require as condition for bail after an arrest for a second or subsequent violation that a defendant have an ignition interlock installed

The bill would require the Department of Forensic Sciences to certify ignition interlock devices. The Department of Public Safety would be required to issue restricted driver's licenses for persons required to drive only with an ignition interlock device and would authorize a fee for the issuance of the license and reinstatement of a regular license

This bill would also indemnify the state from liability related to the installation of the devices

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, 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 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

Relating to motor vehicles and driving under the influence; to amend Section 32-5A-191 of the Code of Alabama 1975, and to add Section 32-5A-191.4 to the Code of Alabama 1975; to increase the penalties for violations by requiring a person authorized to drive a motor vehicle after a conviction of driving under the influence to have installed and operating an ignition interlock device for certain periods of time; to provide for the installation and certification of ignition interlock devices; to impose certain duties on the Department of Forensic Sciences; to authorize the Department of Public Safety to set a fee for the issuance of a restricted license and for the reissuance of a regular license pursuant to this act; to provide penalties for violations; to indemnify the state from liability related to the installation of the devices; 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 Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.