Code of Alabama

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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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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-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-303
Section 32-5A-303 Notice of intended suspension. (a) If the chemical test results for
a person charged with a violation of Section 32-5A-191 show 0.08 percent or
more by weight of alcohol in the blood of the person, or the person refuses a test, the officer,
acting on behalf of the director, shall serve a notice of intended suspension personally on
the arrested person. (b) When serving a notice of intended suspension, the law enforcement
officer shall take possession of any driver's license issued by this state which is held by
the person. When taking possession of a valid driver's license issued by this state, the officer,
acting on behalf of the director, shall issue a temporary driving permit which is valid for
30 days after the date of issuance. (c) A copy of the completed notice of intended suspension
form, a copy of any completed temporary driving permit form, and any driver's license taken
into possession under this section shall be forwarded within five days to the department...

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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-304
Section 32-5A-304 Period of suspension; relation to Section 32-5A-191.
(a) A driving privilege suspension shall become effective 45 days after the person has received
a notice of intended suspension as provided in Section 32-5A-303, or is deemed to have
received a notice of suspension by mail as provided in Section 32-5A-302 if no notice
of intended suspension was served. (b) The period of driving privilege suspension under this
section shall be as follows: (1) Ninety days if the driving record of a person shows
no prior alcohol or drug-related enforcement contacts during the immediately preceding five
years. (2) One year if the driving record of a person shows one prior alcohol or drug-related
enforcement contact during the immediately preceding five years. (3) Three years if the driving
record of a person shows two or three alcohol or drug-related enforcement contacts during
the immediately preceding five years. (4) Five years if the driving record of a person shows
four or more...
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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-306
Section 32-5A-306 Administrative review. (a) Any person who has received a notice of
suspension or a notice of intended suspension under this article may request an administrative
review. The request may be accompanied by a sworn statement or statements and any other relevant
evidence which the person wants the director, or his or her agent, to consider in reviewing
the determination made pursuant to Sections 32-5A-300 and 32-5A-302. (b) When a request for
an administrative review is made, the director, or his or her agent, shall review the determination
made pursuant to Sections 32-5A-300 and 32-5A-302. In the review, the director, or his or
her agent, shall give consideration to any relevant sworn statement or other evidence accompanying
the request for the review, and to the sworn statement of the law enforcement officer required
by Section 32-5A-301. If the director, or his or her agent, determines, by a preponderance
of the evidence, that the person drove or was in actual physical...
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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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32-5A-307
Section 32-5A-307 Administrative hearing. (a) Any person who has received a notice of
intended suspension pursuant to Section 32-5A-303 or a notice of suspension pursuant
to Section 32-5A-302 where no notice of intended suspension was served may request
an administrative hearing. A request for an administrative hearing shall be in writing and
shall be hand delivered or mailed to the Alabama Department of Public Safety, Driver License
Division, in Montgomery, Alabama. The request shall be received by the department or be mailed
and postmarked within 10 days of the notice of intended suspension issued pursuant to Section
32-5A-303 or the notice of suspension issued pursuant to Section 32-5A-302 where no
notice of intended suspension was served. Failure to request an administrative hearing within
10 days shall constitute a waiver of the person's right to an administrative hearing and judicial
review under this article. If the driver's license of the person has not been previously...

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