Code of Alabama

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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence
of alcohol, controlled substances, etc. (a) A person shall not drive or be in actual physical
control of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his
or her blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled
substance to a degree which renders him or her incapable of safely driving; (4) Under the
combined influence of alcohol and a controlled substance to a degree which renders him or
her incapable of safely driving; or (5) Under the influence of any substance which impairs
the mental or physical faculties of such person to a degree which renders him or her incapable
of safely driving. (b) A person who is under the age of 21 years shall not drive or be in
actual physical control of any vehicle if there is 0.02 percent or more by weight of alcohol
in his or her blood. The Alabama State Law Enforcement Agency shall suspend or revoke the...

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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of
probation; sanctions. (a) The period of probation or suspension of execution of sentence shall
be determined by the court and shall not be waived by the defendant, and the period of probation
or suspension may be continued, extended, or terminated. However, except as provided in Section
32-5A-191 relating to ignition interlock requirements, in no case shall the maximum
probation period of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum
probation period of a defendant guilty of a felony exceed five years, except as provided in
Section 13A-8-2.1. When the conditions of probation or suspension of sentence are fulfilled,
the court shall, by order duly entered on its minutes, discharge the defendant. (b) The court
granting probation, upon the recommendation of the officer supervising the probationer, may
terminate all authority and supervision over the probationer prior to the...
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12-15-102
to the child or minor as is due an adult client. (6) DELINQUENT ACT. An act committed by a
child that is designated a violation, misdemeanor, or felony offense pursuant to the law of
the municipality, county, or state in which the act was committed or pursuant to federal law.
This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal
ordinance prohibiting the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony
which has as an element the use of a deadly weapon. 5. A felony which has as an element the
causing of death or serious physical injury. 6. A felony which has as an element the use of
a dangerous instrument against any person who is one of the following: (i) A law enforcement
officer or official. (ii) A correctional officer or official. (iii) A parole or...
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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section
32-5A-191, the term, "ignition interlock device" means a constant monitoring
device that prevents a motor vehicle from being started at any time without first determining
the equivalent blood alcohol level of the operator through the taking of a breath sample for
testing. The system shall be calibrated so that the motor vehicle may not be started if the
blood alcohol level of the operator, as measured by the test, reaches a blood alcohol concentration
level of 0.02. (b) The ignition interlock device shall be installed, calibrated, and monitored
directly by trained technicians who shall train the offender for whom the device is being
installed in the proper use of the device. The use of a mail in or remote calibration system
where the technician is not in the immediate proximity of the vehicle being calibrated is
prohibited. The Department of Forensic Sciences shall promulgate rules for punishment and
appeal for...
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32-6-12.1
shall be subject to rules, terms, regulations, restrictions, and eligibility requirements established
by the agency, as well as subject to payment of a fee not to exceed the cost of production
and issuance of the hardship driver license. (c) A person whose hardship driver license has
been revoked shall not be eligible to apply for a driver's license until at least six months
from the date the license was revoked. (d) A person who has been adjudicated or convicted
of driving under the influence, pursuant to Section 32-5A-191, shall not be
eligible for a hardship driver license. (e) The Secretary of the Alabama State Law Enforcement
Agency shall promulgate such rules, regulations, restrictions, and eligibility requirements
as are necessary to implement the provisions of this section. Additionally, the Alabama
State Law Enforcement Agency shall collaborate with the Board of Pardons and Paroles to implement
the provisions of this section. (Act 2015-185, p. 476, §13; Act 2018-289, §1.)...

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32-5A-190.1
Section 32-5A-190.1 Homicide by vehicle. (a) A person who causes the death of another
person while knowingly engaged in the violation of Title 32, Chapter 5A, excluding Section
32-5A-191, applying to the operation or use of a vehicle, as defined in Section
32-1-1.1 (81), may be guilty of homicide by vehicle when the violation is the proximate cause
of the death. (b) A person convicted of homicide by vehicle under subsection (a) is guilty
of a Class C felony. (c) By the tenth day of the 2022 Legislative Regular Session, the Administrative
Office of Courts and the Office of Prosecution Services will report to the Legislature the
statistical information from court records relating to this charge. (Act 2017-336, §2; Act
2018-406, §1(b)(7).)...
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32-5-171
Section 32-5-171 Arrest without warrant; issuance of traffic citation. (a) A law enforcement
officer as defined in Section 36-21-40, may arrest, at the scene of a traffic accident,
any driver of a vehicle involved in the accident if upon personal investigation, including
information from eyewitnesses, the officer has reasonable grounds to believe that the person
by violating Section 32-5A-191 contributed to the accident. He or she may arrest
such a person without a warrant although he or she did not personally see the violation. (b)
A law enforcement officer, as defined in Section 36-21-40, subsequent to a traffic
accident, may issue a traffic citation to a driver of a vehicle involved in the accident when,
based on personal investigation, the officer has prima facie evidence demonstrating grounds
to believe that the person has committed any offense under Chapter 5, 5A, 6, 7, or 7A of Title
32. (Acts 1971, No. 1942, p. 3137; Acts 1983, 2nd Ex. Sess., No. 83-201, p. 379; Act 2016-292,...

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32-5A-304
Section 32-5A-304 Period of suspension; relation to Section 32-5A-191.
(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. (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...
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32-5A-191.2
Section 32-5A-191.2 Administration and disposition of funds in Alabama Head and
Spinal Cord Injury Trust Fund. (a) Beginning October 1, 1994, moneys in the Alabama Head and
Spinal Cord Injury Trust Fund shall be distributed to the Division of Rehabilitation Services
in the State Department of Education for the following purposes: (1) As a payer of last resort
for the costs of care provided in this state for citizens of this state who have survived
neuro-trauma with head or spinal cord injuries. Expenditures for spinal cord injury and head
injury care shall be made by the Division of Rehabilitation Services according to criteria
established by the Alabama Head and Spinal Cord Injury Trust Fund Advisory Board. Expenditures
may include but need not be limited to, post acute medical care, rehabilitation therapies,
medication, attendant care, home accessibility modification, and equipment necessary for activities
of daily living. (2) Public information, prevention education, and research...
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13A-12-291
crime of trafficking in specified substances under Section 13A-12-231 or unlawful possession
with intent to distribute a controlled substance under subsections (c) and (d) of Section
13A-12-211. (2) Attempt to commit the crime of trafficking in specified substances under Section
13A-12-231 or unlawful possession with intent to distribute a controlled substance under subsections
(c) and (d) of Section 13A-12-211. (3) Criminal conspiracy to commit the crime of trafficking
in specified substances under Section 13A-12-231. (4) Trafficking in specified substances
under Section 13A-12-231. (5) Unlawful possession with intent to distribute a controlled
substance under subsections (c) and (d) of Section 13A-12-211. (b) The suspension of
a driver's license for driving under the influence of a controlled substance or under the
combined influence of a controlled substance and alcohol pursuant to Section 32-5A-191
shall be governed by that section. (Acts 1993, No. 93-352, §2; Act 2015-185, §2.)...

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