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32-6-49.13
Section 32-6-49.13 Implied consent to take test of blood, breath, etc.; administration
of test; refusal to take test; report of a law enforcement officer; sanctions; notice and
hearing; review; notification of other states. (a) A person who drives a commercial motor
vehicle within this state is deemed to have given consent, subject to provisions of Section
32-5-192, to take a test or tests of that person's blood, breath, or urine for the purpose
of determining that person's alcohol concentration, or the presence of other drugs. (b)(1)
A test or tests shall be administered at the direction of a law enforcement officer, who after
stopping or detaining the commercial motor vehicle driver, has probable cause to believe that
driver was driving a commercial motor vehicle while having alcohol or drugs in his or her
system. The law enforcement officer shall test the driver at the scene by using a field breathalyzer
or other approved device, technique, or procedure approved by the Department of...
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32-5A-195
Section 32-5A-195 Cancellation, suspension, or revocation of driver's license; grounds,
procedure, etc. (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 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, upon receiving a record of the conviction in this state of a...
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8-17-80
Section 8-17-80 Definitions. (a) The following words and phrases, when used in this
article, shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning: (1) AVIATION GASOLINE. Motor fuel designed
for use in the operation of aircraft other than jet aircraft, and sold or used for that purpose.
(2) BIODIESEL FUEL. Any motor fuel or mixture of motor fuels that is derived, in whole or
in part, from agricultural products or animal fats, or the wastes of such products or fats,
and is advertised as, offered for sale as, suitable for use as, or used as motor fuel in a
diesel engine. (3) BLENDED FUEL. A mixture composed of gasoline or diesel fuel and any other
liquid that can be used as a motor fuel in a highway vehicle. (4) BOARD. The Alabama Board
of Agriculture and Industries. (5) BRAND. The trade name or other designation under which
a particular petroleum product is sold, offered for sale, or otherwise identified. (6) BULK...
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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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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division
and from the computation of the amount of the tax levied, assessed, or payable under this
division the following: (1) The gross proceeds of the sales of lubricating oil and gasoline
as defined in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section,
services performed for remuneration after December 31, 1977, including service in interstate
commerce, by: a. Any officer of a corporation; or b. Any individual who, under the usual common
law rules applicable in determining the employer-employee relationship, has the status of
an employee; or c. Any individual other than an individual who is an employee under paragraphs
a. or b. of this subdivision (1) who performs services for remuneration for any person: 1.
As an agent-driver or commission-driver engaged in distributing meat products, bakery products,
beverages (other than milk) or laundry or dry cleaning services for a principal; 2. As a traveling
or city salesman engaged upon a full-time basis in the solicitation on...
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32-6-49.11
Section 32-6-49.11 Disqualification from driving commercial motor vehicle. (a) Any person
is disqualified from driving a commercial motor vehicle for a period of not less than one
year if convicted of a first violation of one of the following: (1) Driving a motor vehicle
under the influence of alcohol, or a controlled substance or any other drug which renders
a person incapable of safely driving. (2) Driving a commercial motor vehicle while the alcohol
concentration of the person's blood, urine, or breath is 0.04 or more. (3) Knowingly and willfully
leaving the scene of an accident involving a motor vehicle driven by the person. (4) Using
a motor vehicle in the commission of any felony. (5) Refusal to submit to a test to determine
the driver's use of a controlled substance or alcohol concentration while driving a motor
vehicle. If any of the violations in subdivisions (1) to (5), inclusive, occurred while transporting
a hazardous material required to be placarded, the person is...
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32-5A-190
Section 32-5A-190 Reckless driving. (a) Any person who drives any vehicle carelessly
and heedlessly in willful or wanton disregard for the rights or safety of persons or property,
or without due caution and circumspection and at a speed or in a manner so as to endanger
or be likely to endanger any person or property, shall be guilty of reckless driving. (b)
Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment
for a period of not less than five days nor more than 90 days, or by fine of not less than
$25.00 nor more than $500.00, or by both such fine and imprisonment, and on a second or subsequent
conviction shall be punished by imprisonment for not less than 10 days nor more than six months,
or by a fine of not less than $50.00 nor more than $500.00, or by both such fine and imprisonment,
and the court may prohibit the person so convicted from driving a motor vehicle on the public
highways of this state for a period not exceeding six...
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32-6-49.12
Section 32-6-49.12 Use of alcohol while driving; when placed out of service; when disqualified.
(a) Notwithstanding any other provision of this article, or of existing law, a person may
not drive, operate, or be in physical control of a commercial motor vehicle within this state
while having any measurable or detectable amount of alcohol in his or her system. (b) A person
who drives, operates, or is in physical control of a commercial motor vehicle within this
state while having any measurable or detectable amount of alcohol in his or her system or
who refuses to submit to an alcohol test under Section 32-6-49.13, must be placed out
of service for 24 hours. (c) Any person who drives a commercial motor vehicle within this
state with an alcohol concentration of 0.04 or more must, in addition to any other sanctions
which may be imposed under this article, or under federal or state law, or rules or regulations
of the department, be disqualified from driving a commercial motor vehicle under...
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32-5A-194
Section 32-5A-194 Chemical tests; admissible as evidence; procedure for valid chemical
analyses; permits for individuals performing analyses; persons qualified to withdraw blood;
presumptions based on percent of alcohol in blood; refusal to submit; no liability for technician.
(a) Upon the trial of any civil, criminal, or quasi-criminal action or proceeding arising
out of acts alleged to have been committed by any person while driving or in actual control
of a vehicle while under the influence of alcohol or controlled substance, evidence of the
amount of alcohol or controlled substance in a person's blood at the alleged time, as determined
by a chemical analysis of the person's blood, urine, breath, or other bodily substance, shall
be admissible. Where such a chemical test is made the following provisions shall apply: (1)
Chemical analyses of the person's blood, urine, breath, or other bodily substance to be considered
valid under the provisions of this section shall have been...
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