Alabama DUI/Interlock Law – SB 319

Alabama DUI/Interlock Law – SB 319
I. What’s new? Are there new punishments?
a. On a first conviction you can stay the 90-day suspension if you install an interlock
device for 6 months
i. Suspension is stayed by (1) getting II restricted driver’s license from DPS
and (2) presentation of proof of II installation to DPS w/in 30 days of
eligibility for II license.
ii. If your client refuses to take Draeger or has a child in the car he/she must
have license suspended for 45-days before applying to have suspension
stayed. If suspension is stayed it is later commuted after completion of
interlock requirements (2 years)
b. On a second conviction client can apply to have suspension stayed but must have
license suspended for 45-days before applying. If suspension is stayed it is later
commuted after completion of interlock requirements (2 years)
c. On a third conviction client can apply to have suspension stayed but must have
license suspended for 180-days before applying. If suspension is stayed it is later
commuted after completion of interlock requirements (3 years)
d. On a fourth conviction client can apply to have suspension stayed but must have
license suspended for 1 year before applying. If suspension is stayed it is later
commuted after completion of interlock requirements (5 years)
e. Prior DUI’s are now considered in any guidelines calculation 32-5A-191(h)
f. Under the Super DUI law (.15 or higher) you MUST install II for 2 years
i. BUT your driving privilege is no longer revoked automatically
g. Having a child under 14 years in the car NO LONGER results in double the
minimum punishment
h. Refusal to blow or Super DUI means length of II is doubled unless doubled
already
II. How does the II work in practice?
a. Upon conviction the Court will notify DPS client is required to install an II
b. License is then suspended until mandatory period ends
c. Client must then have II device installed and present proof to DPS
d. DPS then issues an II restricted driver’s license
e. II requirement only lifted when convicting court notifies DPS that requirements
have been completed
f. You may have II installed on more than one vehicle at your election
g. Any violation or tampering with II machine during sentence means an additional
6 months of II
i. Example: Scoring .02 or more four times in a month is considering a
violation
1. Blowing in the machine for someone else or tampering with it is a
Class B Misdemeanor
h. These provisions do not apply to someone adjudicated delinquent in juvenile
court unless that court specifically designates it be enforced
i. Department of Forensic Sciences promulgates rules for installation, enforcement,
and appeal of II issues
III. Are there new costs? This is Alabama what do you think?
a. Cost of installation of II (I have no clue how much this costs or where. Don’t ask)
b. $100.00 fine from ANYONE that completes a deferred or diversion program
c. First four months of II cost $75/month
d. $150 fee to get an II license
e. Your client can apply to be treated as an indigent
i. They’re still responsible for half of the fees and the driver’s license fee
1. Because that makes sense right?
f. EVEN IF your client doesn’t have a car he still must pay $75/month for the entire
time they would be required to have an II installed
i. I’m not making this up
IV. What about the AST-60?
a. The officer is still required to complete this w/in 5 days
b. If there is a deficiency in the affidavit the license is no longer returned to your
client
i. It is unclear if your client must reapply for his driver’s license or petition
to get it back from DPS or what. There is not an explanation.

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