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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12-23-12
Section 12-23-12 Court referral officer assessment fee. In addition to the imposition
of any other costs, penalties, or fines imposed pursuant to law, any person convicted as an
adult or adjudicated a youthful offender or juvenile delinquent based on the offense of driving
under the influence or other alcohol or drug related offenses as defined in this chapter shall
be ordered by the court to pay an alcohol and drug abuse court referral officer assessment
fee in an amount recommended by the Administrative Office of Courts and approved by the Supreme
Court. Such additional assessment fee shall be collected by the court referral officer by
the 10th day of each month. The State Treasurer shall credit such sums to the Alcohol and
Drug Abuse Court Referral Officer Trust Fund. (Acts 1990, No. 90-390, p. 537, §12.)...
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12-23-6
Section 12-23-6 Authority of courts to refer defendants to education and/or treatment
program. In order to effect the purposes of this chapter, all courts exercising jurisdiction
over alcohol and drug related offenses shall be authorized to refer a defendant to a court
referral program for evaluation and referral to an appropriate education and/or treatment
program. At a minimum, every defendant who is not referred directly to drug or alcohol treatment
shall be required to complete an alcohol and drug education program certified by the Administrative
Office of Courts. (Acts 1990, No. 90-390, p. 537, §6.)...
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12-23-2
Section 12-23-2 Legislative findings and intent. The Legislature finds that the high
incidence of crimes which directly involve alcohol and drugs in this state is intolerable;
that the problems of alcohol and drug abuse among the citizens of Alabama are extensive and
exist at an unacceptable level; that alcohol and/or drug abuse or dependency have been identified
as contributing factors in the commission of many crimes; that a concentrated and coordinated
state and local effort is needed to address the needs of Alabamians regarding such problems;
that a specialized system for screening, evaluating, educating, and rehabilitating defendants
convicted of alcohol and drug related offenses is required to address such problems; and that
adequate funding should be provided for this purpose. It is therefore the intent of the Legislature:
To establish a specialized court referral officer program to promote the evaluation, education
and rehabilitation of persons whose use or dependency on...
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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have
the following meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the
following members or their designees: a. The drug court judge, who shall serve as chair. b.
The district attorney. c. The public defender or a member of the criminal defense bar. d.
The drug court coordinator. e. The court clerk. f. A community corrections or court referral
officer, or both. g. A pretrial services provider. h. A law enforcement officer. i. Substance
abuse treatment providers. j. Any other person the chair deems appropriate. (2) ASSESSMENT.
A diagnostic evaluation for placement in a treatment program which shall be performed in accordance
with criteria certified by the Department of Mental Health, Substance Abuse Services Division.
(3) CHARGE. As defined in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and
coordinated course of substance abuse education and treatment designed to meet...
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45-27A-30.08
Section 45-27A-30.08 Treatment programs; drug testing. (a) The municipal prosecutor
and offender may enter into an agreement as a part of the pretrial diversion program that
the offender be admitted to a drug, alcohol, violence, or other self-improvement or self-help
program on an inpatient or outpatient basis or receive other treatment alternatives deemed
by the municipal prosecutor to be in the best interest of the offender and society. (b) The
municipal prosecutor may require the offender to submit to periodic or random drug or other
testing as a part of the pretrial diversion program of the offender and require other terms
and conditions related to substance abuse, domestic violence, or the offense charged as the
municipal prosecutor may direct. (c) The offender shall pay the costs of all services unless
otherwise approved by the municipal court after considering the offender's ability to pay.
(Act 2010-578, p. 1275, §9.)...
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45-37A-160.07
Section 45-37A-160.07 Fees. (a) An offender may be assessed a nonrefundable application
fee when the offender is approved for the pretrial diversion program. The amount of the assessment
for participation in the program shall be in addition to any court costs, fees, and assessments
for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the city prosecutor. (b) The following application fees
shall be applied to offenders accepted into the program: (1) Misdemeanor offenses and driving
under the influence: One thousand dollars ($1,000). (2) Traffic offenses not including driving
under the influence: Five hundred dollars ($500). (3) Violations: Three hundred dollars ($300).
(c) The application fees required by this article shall be...
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45-37A-240.27
Section 45-37A-240.27 Fees. (a) An offender may be assessed a nonrefundable application
fee when the offender is approved for the pretrial diversion program. The amount of the assessment
for participation in the program shall be in addition to any court costs, fees, and assessments
for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the city prosecutor. (b) The following application fees
shall be applied to offenders accepted into the program: (1) Misdemeanor offenses and driving
under the influence: One thousand dollars ($1,000). (2) Traffic offenses not including driving
under the influence: Five hundred dollars ($500). (3) Violations: Three hundred dollars ($300).
(c) The application fees required by this subpart shall be...
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12-23A-3
Section 12-23A-3 Legislative intent. (a) The Legislature recognizes that a critical
need exists in this state for the criminal justice system to more effectively address the
number of defendants who are involved with substance abuse or addiction. For the criminal
justice system to maintain credibility, court and community alternatives for the substance
abuse and addiction involved defendant must be expanded. A growing body of research demonstrates
the impact of substance abuse on public safety, personal health, and health care costs, the
spread of communicable disease, educational performance and attainment, work force reliability
and productivity, family safety, and financial stability. Requiring accountability and effective
treatment, in addition to or in place of, conventional and expensive incarceration, will promote
public safety, the welfare of the individuals involved, reduce the burden upon the State Treasury
and benefit the common welfare of this state. The goals of this...
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45-45-83.46
Section 45-45-83.46 Fees. (a) An applicant may be assessed a fee when the applicant
is approved for the program. The amount of the assessment for participation in the program
shall be in addition to any court costs, assessments for victims, or drug, alcohol, or anger
management treatment required by law, the district attorney, or the court and shall be in
addition to costs of supervision, treatment, and restitution for which the pretrial admittee
may be responsible. Pretrial intervention program fees, as established by this section,
may be waived or reduced due to indigency or reduced ability to pay or for just cause at the
discretion of the district attorney. The determination of indigency of the offender, for the
purpose of pretrial intervention admission or fee waiver or reduction shall be made by the
district attorney. A schedule of payments for any of these fees may be established by the
district attorney. (b) The following fees, as set by the district attorney, shall be paid
by...
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