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36-18-50
Section 36-18-50 Legislative findings. The Legislature finds, determines, and declares the
following: (1) Driving a vehicle while under the influence of alcohol or a controlled substance
continues to be a major problem on the highways of our state and causes the death or injury
of thousands of our citizens each year. (2) The Legislature should use whatever authority
is available to it to discourage driving a vehicle while under the influence of alcohol or
a controlled substance, including the levying of fines therefor at a level which will discourage
such activity. (3) Administering and implementing a quality chemical testing program for alcohol
and controlled substances is costly for the taxpayers and thus the convicted offender should
bear a greater portion of the financial burden of the chemical testing program at the state
and local level. (4) The chemical breath testing program conducted by this state has reduced
the number of deaths and injuries, and the program continues to be...
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32-5A-191
over two thousand dollars ($2,000) for a fourth or subsequent conviction within 10 years, the
first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama
Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred
dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter,
the second one hundred dollars ($100) of that additional amount shall be deposited in the
Alabama Head and Spinal Cord Injury Trust Fund after deducting five percent of the
one hundred dollars ($100) for administrative costs and the remainder of the funds shall be
deposited to the State General Fund. (2) Fines collected for violations of this section charged
pursuant to a municipal ordinance where the total fine is paid at one time shall be deposited
as follows: The first three hundred fifty dollars ($350) collected for a first conviction,
the first six hundred dollars ($600) collected for a second conviction...
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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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45-42-82.43
program. Admittance into the pretrial diversion program is in the absolute discretion of the
district attorney. However, an offender deemed by the district attorney to be a threat to
the safety or well-being of the community shall not be eligible for the program. Further,
an offender charged with the following offenses shall be ineligible for admittance: (1) A
Class A felony or capital offense. (2) An offense which intentionally, knowingly, or recklessly
resulted in death or serious physical injury to a person. (3) An offense involving
the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An offense involving
violence in which the victim was a child under 14 years of age, a law enforcement officer,
a school officer, a correctional officer, active duty military personnel of the United States
Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence in
which the victim was an employee of any school system which lies within the geographic...
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25-5-331
sensitivity, and quantitative accuracy. (4) DRUG. Amphetamines, cannabinoids, cocaine, phencyclidine
(PCP), methadone, methaqualone, opiates, barbituates, benzodiazepines, propoxyphene, or a
metabolite of any of the substances. (5) EMPLOYEE. Any person who works for salary, wages,
or other remuneration for an employer. (6) EMPLOYEE ASSISTANCE PROGRAM. A program designed
to assist in the identification and resolution of job performance problems associated with
employees impaired by personal concerns. A minimum level of core services shall include
consultation and training; professional, confidential, appropriate, and timely problem assessment
services; short-term problem resolution; referrals for appropriate diagnosis, treatment, and
assistance; follow-up and monitoring; employee education; and quality assurance. (7) EMPLOYER.
A person or entity that is subject to the Alabama Workers' Compensation Law, except that this
article shall not apply to individual self-insurers or...
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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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32-6-49.13
breathalyzer or other approved device, technique, or procedure approved by the Department of
Forensic Sciences, or transport the driver to an appropriate facility where a chemical test
by an approved method shall be administered either by the officer or at his or her direction,
or both. (2) A test or tests shall be administered at the direction of a law enforcement officer
to all commercial motor vehicle drivers who are involved in any vehicular accident which results
in death or physical injury requiring hospitalization or emergency medical treatment.
(c) A person requested to submit to a test as provided in subsection (a) above must be warned
by the law enforcement officer requesting the test, that a refusal to submit to the test will
result in that person being immediately placed out of service for a period of 24 hours and
being disqualified from operating a commercial motor vehicle for a period of not less than
two years under Section 32-6-49.12. (d) If the person refuses...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-6-49.13.htm - 5K - Match Info - Similar pages
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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32-6-49.3
Section 32-6-49.3 Definitions. Notwithstanding any other provision of this article, the following
definitions shall be applicable unless the context clearly indicates otherwise: (1) ALCOHOL.
a. Beer, ale, port, or stout and other similar fermented beverages (including sake or similar
products), of any name or description containing one-half of one percentum or more of alcohol
by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;
b. Wine of not less than one-half of the percentum of alcohol by volume; or c. Any substance
containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol,
and isopropanol. (2) ALCOHOL CONCENTRATION. a. The number of grams of alcohol per 100 milliliters
of blood; or b. The number of grams of alcohol per 210 liters of breath; or c. The number
of grams of alcohol per 67 milliliters of urine. (3) COMMERCIAL DRIVER LICENSE. (CDL) means
a license issued in accordance with the requirements of this...
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32-5A-191.3
Section 32-5A-191.3 Operation of vessel and other marine devices while under influence of alcohol
or controlled substances. (a) A person shall not operate or be in actual physical control
of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation
device on the waters of this state, as the waters are defined in Section 33-5-3, under any
condition in which a person would be guilty of driving under the influence of alcohol or drugs
pursuant to Section 32-5A-191 if the person was driving or controlling a motor vehicle. (b)
In the case of a vessel or other marine device described in subsection (a), where a law enforcement
officer has probable cause to believe that the operator of the vessel or other marine device
is operating in violation of this section, the law enforcement officer is authorized to administer
and may test the operator, at the scene, by using a field breathalyzer or other approved device,
as a screening device, to determine if the operator...
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