SB180 Alabama 2017 Session

Under existing law, a person is prohibited from operating a motor vehicle while under the influence of alcohol or a controlled substance

This bill would further define the offense of driving under the influence (DUI)

This bill would provide that a person may be charged with driving under the influence if he or she has a measurable amount of specified substances in his or her body and would specify that it is an affirmative defense if the person has a lawful prescription regime for the use of the substance

Under existing law, for purposes of enhanced penalties, a court may only consider a defendant's driving under the influence convictions from the past five years

This bill would require a court to consider a defendant's misdemeanor DUI convictions from the past 10 years

This bill would require a court to consider all of a defendant's felony DUI convictions

Under existing law, upon a person's fourth or subsequent conviction for DUI, the person shall be guilty of a Class C felony

This bill would also specify that a person with a prior felony DUI conviction would be guilty of a Class C felony for a subsequent conviction for DUI

Under existing law, a person convicted of driving under the influence of a controlled substance may be subject to the ignition interlock program

This bill would also require a person convicted of driving under the influence of a controlled substance to participate in random drug testing and other appropriate treatment

This bill would also substantially reorganize the existing provisions of law relating to driving under the influence, the suspension and revocation of a driver's license upon conviction for DUI, and the ignition interlock requirements

To amend Section 32-5A-191, Code of Alabama 1975, as last amended by Act 2016-259, 2016 Regular Session, relating to driving under the influence; to further define the offense of driving under the influence; to provide that a person may be charged with driving under the influence if he or she has a measurable amount of specified substances in his or her body and would specify that it is an affirmative defense if the person has a lawful prescription regime for the use of the substance; to provide for further consideration by a court of a defendant's prior misdemeanor driving under the influence convictions; to require a court to consider all of a defendant's prior DUI felony convictions when that defendant is convicted of a subsequent driving under the influence offense; to provide for an enhanced sentence when a defendant with a prior driving under the influence felony conviction receives a subsequent driving under the influence conviction; to require a person convicted of driving under the influence of a controlled substance to undergo random drug testing and other appropriate treatment; and to substantially reorganize the existing provisions of law relating to driving under the influence, the suspension and revocation of a driver's license upon conviction for DUI, and the ignition interlock requirements.