SB401 Alabama 2013 Session

Under existing law, certain persons authorized to drive a motor vehicle who are convicted of driving under the influence are required to have installed an operating ignition interlock device for certain periods of time

This bill would authorize the Department of Public Safety to withdraw the 90-day suspension of a person's driver's license for a first conviction of driving under the influence if the judge orders the offender or the offender elects to have an ignition interlock device installed and operating on the designated motor vehicle and is issued a restricted license

This bill would allow driver's license revocation periods to be commuted for certain driving under the influence violations upon completion of a certain portion of the revocation and upon the installation of a certified ignition interlock device in a designated motor vehicle

This bill would require the installation of a certified ignition interlock device for a person convicted of driving under the influence with at least .15 percent or more by weight of alcohol in his or her blood

This bill would require courts to notify the Department of Public Safety of certain driving under the influence convictions requiring installation of an ignition interlock device and would require the department to issue restricted licenses indicating that a licensee is subject to the operation of a motor vehicle only with the approved ignition interlock device installed and properly operating

This bill would specify that ignition interlock requirements do not apply to certain minors adjudicated in juvenile court unless specifically ordered by a court

This bill would specify that a provider of ignition interlock devices who fails to satisfy certain specifications will have its device removed from the list of approved ignition interlock devices for a period of five years

This bill would also create the Alabama Interlock Indigent Fund, to be administered by the Department of Public Safety

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 Sections 32-5A-191, as amended by Act 2012-363 of the 2012 Regular Session, 32-5A-191.4, 32-5A-301, and 32-5A-304, Code of Alabama 1975, relating to driving under the influence and ignition interlock devices; to authorize the Department of Public Safety to withdraw the driver's license suspension of certain persons for a first conviction of driving under the influence if the judge orders the offender or the offender elects to have an ignition interlock device installed and operating; to allow driver's license revocation periods to be commuted for certain driving under the influence violations upon completion of a certain portion of the revocation and upon the installation of a certified ignition interlock device; to require the installation of a certified ignition interlock device for certain persons convicted of driving under the influence with certain alcohol levels; to require courts to notify the Department of Public Safety of certain driving under the influence convictions requiring the installation of ignition interlock devices; to authorize the department to issue licenses with certain restrictions relating to ignition interlock devices; to specify that ignition interlock requirements do not apply to certain minors adjudicated in juvenile court unless ordered by the court; to provide for the removal of certain providers of ignition interlock services from the approved list for certain violations; to create the Alabama Interlock Indigent Fund; 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.