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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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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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program established under this division,
there shall be a written agreement between the district attorney and the offender. The agreement
shall include the terms of the pretrial diversion program, the length of the program, as practicable
as possible, the costs of the program to the offender, and the period of time after which
the district attorney must dispose of the charges against the offender. If, as part of the
pretrial diversion program, the offender agrees to plead guilty to a particular charge or
charges and receives a specific sentence, an agreement concerning when the plea of guilt will
occur, to what charges to which the offender will plead guilty, and any sentence to be imposed
shall be approved by and submitted to an appropriate circuit or district court judge having
jurisdiction over the offender within the judicial circuit prior...
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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-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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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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32-6-31
Section 32-6-31 Terms of compact. The Driver License Compact is hereby enacted into law and
entered into with all other jurisdictions legally joining therein in the form substantially
as follows: Driver License Compact Article I Findings and Declaration of Policy (a) The party
states find that: (1) The safety of their streets and highways is materially affected by the
degree of compliance with state and local ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator engages in conduct
which is likely to endanger the safety of persons and property. (3) The continuance in force
of a license to drive is predicated upon compliance with laws and ordinances relating to the
operation of motor vehicles, in whichever jurisdiction the vehicle is operated. (b) It is
the policy of each of the party states to: (1) Promote compliance with the laws, ordinances
and administrative rules and regulations relating to the operation of...
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32-6-7.2
Section 32-6-7.2 Restrictions on issuance to persons under 18 years of age (a) A person who
is under the age of 18 may not apply for a Stage II restricted regular driver's license until
the person has held a Stage I learner's license issued pursuant to Section 32-6-8 or a comparable
license issued by another state for at least a six-month period. (b) In addition to any other
requirements of this chapter, if the applicant for a driver's license is 16 years of age,
he or she shall submit to the Department of Public Safety the following: (1) A verification
form provided by the Department of Public Safety signed by a parent or legal guardian, or
a grandparent with the consent of a parent or legal guardian, consenting to the licensure
of the applicant. (2) A verification form provided by the Department of Public Safety signed
by a parent, legal guardian, a grandparent with the consent of a parent or legal guardian,
or a licensed or certified driving instructor, certifying that the applicant...
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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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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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