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45-42-82.43
Section 45-42-82.43 Ineligibility for 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...
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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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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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32-6-19
Section 32-6-19 Penalties - Violation by person whose license or driving privilege has
been cancelled, etc.; impoundment of vehicle. (a)(1) Any person whose driver's or chauffeur's
license issued in this or another state or whose driving privilege as a nonresident has been
cancelled, denied, suspended, or revoked as provided in this article and who drives any motor
vehicle upon the highways of this state while his or her license or privilege is cancelled,
denied, suspended, or revoked shall be guilty of a misdemeanor and upon conviction shall be
punished by a fine of not less than one hundred dollars ($100) nor more than five hundred
dollars ($500), and in addition thereto may be imprisoned for not more than 180 days. In addition
to all fines, fees, costs, and punishments prescribed by law, there shall be imposed or assessed
an additional penalty of fifty dollars ($50) to be placed in the Traffic Safety Trust Fund
and the Peace Officers Standards and Training Fund. Also, at the...
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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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12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall
have the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES.
All offenses, including municipal ordinance violations, in which alcohol and drug abuse is
determined from the evidence to have been a factor in the commission of the offense including
juveniles charged with possession of controlled substances and adjudicated delinquent. (2)
ALCOHOL ABUSE. The use of alcohol to the extent that the health, safety or welfare of the
user, or that of others, is substantially impaired or endangered or the social or economic
function of the user is disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with
abuse or addictive potential to the extent that the user has lost the ability of self control,
or to the extent that the health, safety, or welfare of the user, or that of others, is substantially
impaired or endangered, or the social or economic function of the user is...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal
offense specified in subsection (b) whose jurisdiction is in the circuit court or district
court in a circuit in which a pretrial diversion program has been created pursuant to this
division may apply to the district attorney of the circuit for admittance to the program.
(b) A person charged with any of the following offenses may apply for the pretrial diversion
program: (1) A drug offense, excluding sale of a controlled substance as provided in Section
13A-12-211, trafficking in controlled substances or cannabis as provided in Section
13A-12-231, manufacturing controlled substances in the first degree as provided in Section
13A-12-218, or trafficking in an analog controlled substance. (2) A property offense. (3)
An offense that does not involve serious physical injury, death, a victim under the age of
14, or a sex offense involving forcible compulsion or incapacity of a victim. (4) A misdemeanor
or...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...
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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-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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