HB478 Alabama 2012 Session

Under existing law, a person may be charged with driving under the influence when there is a percent of alcohol in the blood or the person is under the influence of alcohol, or a person may be charged under separate subdivisions of the law if the person is under the influence of a controlled substance, both alcohol and a controlled substance, or any substance which renders the person incapable of safe driving. Under the existing law, the term "under the influence" is not defined

This bill would define "under the influence" for the purpose of the offense of driving under the influence to mean not having the normal use of mental and physical facilities by reason of the introduction into the body of alcohol, a controlled substance, a drug, or any other substance, or a combination of two or more of those substances. The bill would consolidate the charges of driving under the influence to specify that a person may be charged with driving under the influence if the person is under the influence of any substance or substances which render the person incapable of safe driving

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

To amend Section 32-5A-191 of the Code of Alabama 1975, as amended by Acts 2011-621 and 2011-613 of the 2011 Regular Session, relating to the offense of driving under the influence; to further define the offense and to define the term "under the influence" for the purpose of unsafe driving; 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.