HB218 Alabama 2021 Session

This bill would revise the administrative suspension periods for certain driving offenses

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style

Relating to driving offenses; to amend Sections 32-5-192, 32-5A-195, and 32-5A-304, Code of Alabama 1975, to revise administrative suspension periods for certain driving offenses; and to make nonsubstantive, technical revisions to update the existing code language to current style. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Sections 32-5-192, 32-5A-195, and 32-5A-304, Code of Alabama 1975, are amended to read as follows: "§32-5-192. "(a) Any person who operates a motor vehicle upon on the public highways of this state shall be deemed to have given his consent, subject to the provisions of this division, to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the alcoholic content of his blood if lawfully arrested for any offense arising out of acts alleged to have been committed while the person was driving a motor vehicle on the public highways of this state while under the influence of intoxicating liquor. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor. The law enforcement agency by which such that employs the officer is employed shall designate which of the aforesaid test or tests shall be administered. Such The person shall be told that his or her failure to submit to such a chemical test will result in the suspension of his or her privilege to operate a motor vehicle for a minimum period of ays; provided if such. If the person objects to a blood test, the law enforcement agency shall designate that one of the other aforesaid tests be administered. "(b) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (a) of this section and the test or tests may be administered, subject to the provisions of this division. "(c)(1) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided in subsection (a) of this section, none shall be given, but the Director of Public Safety Secretary of the Alabama State Law Enforcement Agency, upon the receipt of a sworn report of the law enforcement officer that he or she had reasonable grounds to believe the arrested person had been driving a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor and that the person had refused to submit to the test upon the request of the law enforcement officer, shall, on the first refusal, suspend his or her license or permit to drive, or the privilege of driving a motor vehicle on the highways of this state given to a nonresident;, or if the person is a resident without a license or permit to operate a motor vehicle in this state, the director secretary shall deny to the person the issuance of a license or permit as follows, subject to review as provided in subsection (e): "a. For a first refusal of a test within a 10-year period, for a period of 90 days, subject to review as hereinafter provided. "b. For a second or subsequent refusal of such a test within a five-year 10-year period, the director, upon said receipt of a sworn report, shall suspend his license or permit to drive, or the privilege of driving a motor vehicle on the highways of this state given to a nonresident for a period of one year; or if the person is a resident without a license or permit to operate a motor vehicle in this state, the director shall deny to the person the issuance of a license or permit, for a period of one year subject to review as hereinafter provided. "c. For a third refusal of a test within 10-year period, for a period of three years. "d. For a fourth or subsequent refusal of a test within a 10-year period, for a period of five years. "(2) If such the person is acquitted on the charge of driving a motor vehicle upon the highways of this state while under the influence of intoxicating liquor, then in that event the Director of Public Safety may secretary, in his or her discretion, may reduce said the period of suspension. "(d)(1) Upon suspending the license or permit to drive or the privilege of driving a motor vehicle on the highways of this state given to a nonresident or any person, or upon determining that the issuance of a license or permit shall be denied to the person, as hereinbefore as provided in this section directed, the Director of Public Safety, the secretary, or his or her duly authorized agent, shall immediately notify the person in writing of the suspension and upon his a request filed by the person, the secretary shall afford him an opportunity for provide a hearing in the same manner and under the same conditions as is provided in Section 32-6-16, for notification and hearings in the cases of suspension of licenses Section 32-5A-307; except, that the scope of such a the hearing for the purposes of this section shall cover the issues of whether determine all of the following: "a. Whether a law enforcement officer had reasonable grounds to believe the person had been driving a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor, whether. "b. Whether the person was placed under arrest, and whether. "c. Whether he or she refused to submit to the test upon request of the officer. "(2) Whether the person was informed that his or her privilege to drive would be suspended or denied if he or she refused to submit to the test shall not be an issue. "(3) The Director of Public Safety secretary shall order that the suspension or determination that there should be a denial of issuance either be rescinded or sustained. "(e) If the suspension or determination that there should be a denial of issuance is sustained by the Director of Public Safety secretary, or his or her authorized agent upon such the hearing, the person whose license or permit to drive or nonresident operating privilege has been suspended or to whom a license or permit is denied, under the provisions of this section, shall have the right to file a petition in the appropriate court to review the final order of suspension or denial by the director secretary, or his or her duly authorized agent, in the same manner and under the same conditions as is provided in Section 32-6-16 in the cases of suspensions and denials 32-5A-307. "(f) When it has been finally determined under the procedures of this section Upon a determination that a nonresident's privilege to operate a motor vehicle in this state has been suspended, the director secretary shall give information provide, in writing of, the action taken by this state to the motor vehicle administrator of the state of the person's residence and of to any state in which he or she has a license. "§32-5A-195. "(a) The Secretary of the Alabama State Law Enforcement Agency is authorized to cancel any driver's license upon determining that the licensee was not entitled to the issuance thereof or that the licensee failed to give the correct or required information in his or her application. Upon such cancellation, the licensee must surrender the license so cancelled. If the licensee refuses to surrender the license, he or she shall be guilty of a misdemeanor. "(b) The privilege of driving a motor vehicle on the highways of this state given to a nonresident shall be subject to suspension or revocation by the Secretary of the Alabama State Law Enforcement Agency secretary in like manner and for like cause as a driver's license issued may be suspended or revoked. "(c) The Secretary of the Alabama State Law Enforcement Agency is further authorized secretary, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, to may forward a certified copy of such the record to the motor vehicle administrator in the state where the person so convicted is a resident. "(d) When a nonresident's operating privilege is suspended or revoked, the Secretary of the Alabama State Law Enforcement Agency secretary shall forward a certified copy of the record of such the action to the motor vehicle administrator in the state where such the person resides. "(e) The Secretary of the Alabama State Law Enforcement Agency is authorized to secretary may suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such the person in another state of any offense therein which, if committed in this state, would be grounds for the suspension or revocation of the license of a driver. "(f) The Secretary of the Alabama State Law Enforcement Agency secretary may give such effect to conduct of a resident in another state as is provided by the laws of this state had such the conduct occurred in this state. "(g) Whenever any person is convicted of any offense for which this chapter makes mandatory the revocation of the license of such person by the agency, the court in which the conviction is had shall require the surrender to it of any driver's license then held by the person convicted and the court shall forward the same together with a record of such conviction to the Secretary of the Alabama State Law Enforcement Agency secretary. "(h) Every court having jurisdiction over offenses committed under this article or any other law of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, shall forward to the Secretary of the Alabama State Law Enforcement Agency secretary within five days a record of the conviction of any person in the court for a violation of any laws other than regulations governing standing or parking, and may recommend the suspension of the driver's license of the person so convicted. "(i) For the purposes of this article, the term conviction shall mean a final conviction. Also, for the purposes of this article, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, a plea of nolo contendere accepted by the court, the payment of a fine, a plea of guilty, or a finding of guilt of a traffic violation charge shall be equivalent to a conviction regardless of whether the penalty is rebated, suspended, or probated. "(j) The Secretary of the Alabama State Law Enforcement Agency secretary shall revoke the license of any driver upon receiving a record of the driver's conviction of any of the following offenses: "(1) Manslaughter or homicide by vehicle resulting from the operation of a motor vehicle, including a person who is adjudicated as a youthful offender based on an underlying charge of manslaughter or homicide by vehicle, but there shall be no disclosure, other than to courts and law enforcement agencies by any entity or person of any information, documents, or records relating to the youthful offender's arrest, conviction, or adjudication of or finding of delinquency related to the manslaughter or homicide by vehicle. "(2) Upon a first conviction of driving or being in actual physical control of any vehicle while under the influence of alcohol or under the influence of a controlled substance to a degree which renders him or her incapable of safely driving or under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving, such revocation shall take place only when ordered by the court rendering the conviction. "(3) Upon a second or subsequent conviction within a five-year 10-year period, of driving or being in actual physical control of any vehicle while under the influence of alcohol or under the influence of a controlled substance to a degree which renders him or her incapable of safely driving or under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving. "(4) Any felony in the commission of which a motor vehicle is used. "(5) Failure to stop, render aid, or identify himself or herself as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another. "(6) Perjury or the making of a false affidavit or statement under oath to the Secretary of the Alabama State Law Enforcement Agency under this article or under any other law relating to the ownership or operation of motor vehicles. "(7) Conviction upon three charges of reckless driving committed within a period of 12 months. "(8) Unauthorized use of a motor vehicle belonging to another which act does not amount to a felony. "(k) The Secretary of the Alabama State Law Enforcement Agency is authorized to secretary may suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee: "(1) Has committed an offense for which mandatory revocation of license is required upon conviction; "(2) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways; "(3) Is an habitually reckless or negligent driver of a motor vehicle, such fact being established by a record of accidents or by other evidence; "(4) Is incompetent to drive a motor vehicle; "(5) Has permitted an unlawful or fraudulent use of such license; "(6) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation; "(7) Has been convicted of fleeing or attempting to elude a police officer; or "(8) Has been convicted of racing on the highways. "(l) Upon suspending the license of any person as provided in this section, the Secretary of the Alabama State Law Enforcement Agency secretary shall immediately notify the licensee in writing and upon his or her request shall afford him or her an opportunity for a hearing as early as practicable, not to exceed 30 days after receipt of the request in the county where the licensee resides unless the Secretary of the Alabama State Law Enforcement Agency secretary and the licensee agree that the hearing may be held in some other county. The hearing shall be before the Secretary of the Alabama State Law Enforcement Agency secretary, or his or her duly authorized agent. Upon such the hearing, the Secretary of the Alabama State Law Enforcement Agency secretary, or his or her duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses in the production of relevant books and papers and may require a reexamination of the licensee. Upon such the hearing, the Secretary of the Alabama State Law Enforcement Agency secretary, or his or her duly authorized agent, shall either rescind its order of suspension or, upon a showing of good cause, may continue, modify, or extend the suspension of the licensee or revoke the license. If the license has been suspended as a result of the licensee's driving while under the influence of alcohol, the Secretary of the Alabama State Law Enforcement Agency secretary, or his or her agent conducting the hearing, shall take into account, among other relevant factors, the licensee's successful completion of any duly established "highway intoxication seminar," "DWI counterattack course," or similar educational program designed for problem drinking drivers. If the hearing is conducted by a duly authorized agent instead of by the Secretary of the Alabama State Law Enforcement Agency himself or herself secretary, the action of such the agent must shall be approved by the Secretary of the Alabama Law Enforcement Agency secretary. "(m) The Secretary of the Alabama State Law Enforcement Agency shall not suspend a driver's license or privilege to drive a motor vehicle upon the public highways for a period of more than one year, except as permitted under Section 32-6-19. "(n) (m) At the end of the period of suspension a license surrendered to the Secretary of the Alabama State Law Enforcement Agency under secretary pursuant to subsection (o) (n), the license shall be returned to the licensee. "(o) (n) The Secretary of the Alabama State Law Enforcement Agency secretary, upon cancelling, suspending, or revoking a license, shall require that such the license be surrendered to and be retained by the Secretary of the Alabama State Law Enforcement Agency secretary. Any person whose license has been cancelled, suspended, or revoked shall immediately return his or her license to the Secretary of the Alabama State Law Enforcement Agency secretary. If the licensee refuses to surrender the license, he or she shall be guilty of a misdemeanor. "(p) (o) Any resident or nonresident whose driver's license or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this section shall not operate a motor vehicle in this state under a license or permit issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this article. "(q) (p) Any person denied a license or whose license has been cancelled, suspended, or revoked by the Secretary of the Alabama State Law Enforcement Agency secretary except where such the cancellation or revocation is mandatory under the provisions of this article shall have the right to file a petition within 30 days thereafter for a hearing in the matter in the circuit court in the county where the person resides. In the case of cancellation, suspension, or revocation of a nonresident's operating privilege, in the county in which where the main office of the Secretary of the Alabama State Law Enforcement Agency secretary is located, the. The court is vested with jurisdiction and it shall