SB30 By Senator Whatley RFD Transportation and Energy Rd 1 07-FEB-17

SYNOPSIS: Under existing law, if the Alabama State Law Enforcement Agency determines administratively that a person was driving under the influence and the offender's driving record shows no prior alcohol or drug-related enforcement contacts during the immediately preceding five years, the offender's driving privilege is suspended for 90 days.

This bill would provide that the suspension would be stayed if the offender elects to have an approved ignition interlock device installed on his or her designated motor vehicle.

A BILL TO BE ENTITLED AN ACT

To amend Section 32-5A-304 of the Code of Alabama 1975, relating to the administrative suspension by the Alabama State Law Enforcement Agency of a person's driving privilege if the person was driving under the influence; to provide for the stay of the suspension under certain conditions for persons without a recent alcohol or drug-related enforcement contact if the offender elects to have an approved ignition interlock device installed on his or her designated vehicle.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 32-5A-304 of the Code of Alabama 1975, is amended to read as follows:

§32-5A-304.

"(a) A driving privilege suspension shall become effective 45 days after the person has received a notice of intended suspension as provided in Section 32-5A-303, or is deemed to have received a notice of suspension by mail as provided in Section 32-5A-302 if no notice of intended suspension was served.

"(b) The period of driving privilege suspension under this section shall be as follows:

"(1) Ninety days if the driving record of a person shows no prior alcohol or drug-related enforcement contacts during the immediately preceding five years. Notwithstanding the other provisions of this section, the suspension imposed pursuant to this subdivision shall be stayed if the offender elects to have an approved ignition interlock device installed and operating on the designated motor vehicle driven by the offender for six months. The offender shall present proof of installation of the approved ignition interlock device to the Alabama State Law Enforcement Agency and obtain an ignition interlock restricted driver license. The remainder of the suspension shall be commuted upon the successful completion of the elected use of the ignition interlock device.

"(2) One year if the driving record of a person shows one prior alcohol or drug-related enforcement contact during the immediately preceding five years.

"(3) Three years if the driving record of a person shows two or three alcohol or drug-related enforcement contacts during the immediately preceding five years.

"(4) Five years if the driving record of a person shows four or more alcohol or drug-related enforcement contacts during the immediately preceding five years.

"(5) For purposes of this section, "alcohol or drug-related enforcement contacts" shall include all suspensions under this article, any suspension or revocation entered in this or any other state for a refusal to submit to chemical testing under an implied consent law, and any conviction in this or any other state for a violation which involves driving a motor vehicle while having an unlawful percent of alcohol in the blood, or while under the influence of alcohol or drugs, or alcohol and drugs except that no more than one alcohol or drug-related contact on any one DUI arrest may be considered by the agency in determining the period of suspension.

"(c) If a license is suspended under this section for having .08 or more by weight of alcohol in the blood of the person and the person is also convicted on criminal charges arising out of the same occurrence for a violation of Section 32-5A-191, the suspension under this section shall be imposed, giving credit for suspension time served toward the duration of suspension or revocation required under Section 32-5A-191. If a license is suspended under this section for having .08 or more by weight of alcohol in the blood of the person and the criminal charge against the person for violation of Section 32-5A-191 is dismissed, nolle prossed, or the person is acquitted of the charge, the director shall rescind the suspension order and remove the administrative suspension from the person's driving record, except for those persons holding a commercial driver license, a commercial learner license, or a person operating a commercial motor vehicle."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Driving Under the Influence

Motor Vehicles

Alcoholic Beverages

Law Enforcement Agency

Drivers' Licenses

Administrative Law and Procedure

Code Amended