Local officials applaud new DUI bill
Legislators in Montgomery cracked down on drunk drivers by approving the most significant changes to the DUI law in Alabama since 2006 during the 2011 regular legislative session.
According to records, Senate Bill 67 and House Bill 361 both address issues related to driving under the influence and create new or strengthened penalties for those who choose to get behind the wheel when impaired.
Senate Bill 67, sponsored by Sen. Rusty Glover and known as the ‘Super Drunk” DUI bill, states that any person convicted of DUI and found to have a blood alcohol content (BAC) of 0.15 or higher when driving their vehicle will now receive at least double the minimum sentence the person would have received if their BAC would have been under 0.15.
This bill will also raise the current driver’s license suspension for first-time offenders from 90 days with a $600 fine to a suspension of one year with a $1,200 fine. For second-time offenders, jail time is raised from the current five days to 10 days and the fine goes from $1,100 to $2,200. A third offense would warrant 120 days in jail and a minimum fine of $4,200 instead of the current 60 days in jail and $2,100 fine.
“These elevated fines and penalties were already in affect for a person who was driving under the influence and had a child under the age of 14 in the car with them at the time,” Franklin County District Attorney Joey Rushing said. “By expanding the scope to include people who drive while intoxicated at double the legal limit, this will hopefully be a deterrent for those who choose to drink and drive.”
House Bill 361, sponsored by Rep. Mike Hill, is known as the Ignition Interlock law. Alabama is the last state to pass this law that implements an ignition interlock, which is a device installed in a vehicle that measures a person’s BAC and requires the vehicle’s operator to blow into it before the vehicle will crank. The vehicle will not start if the person’s BAC is 0.02 or higher.
“Any law that will help cut down on the amount of people driving drunk on Alabama roads should be applauded,” Franklin County Sheriff Shannon Oliver said. “I can’t count all the number of needless wrecks and fatalities I have seen because someone got behind the wheel of a car while impaired. I hope these laws will make people realize how serious this offense really is.”
Ignition interlock devices will be required in the vehicles of convicted DUI offenders. After conviction and suspension of the offender’s driver’s license, the offender will have to apply to have their driver’s license reinstated at which time they will have to apply for a specific driver’s license that says he or she can only operate a vehicle containing an ignition interlock device. Offenders will have to provide proof of installation of the device before their driver’s license is reinstated.
“I’m glad Alabama will have this law in place because it protects other citizens from those people who have been convicted of driving drunk in the past and who are likely to drive drunk again,” Rushing said. “They shouldn’t have to pay for someone else’s bad judgment.”
The ignition interlock device will only be required for a certain period of time after an offender’s conviction, and the length of time will be determined by how many previous DUI convictions an offender may have. The bill states that a first-time offender will not be required to have an ignition interlock device unless their BAC was 0.15 or higher, they refused to submit to a chemical test, they had a child under the age of 14 in the vehicle at the time of the offense, or if someone other than the offender was injured at the time of the offense.
Having to use an ignition interlock device won’t come cheap for the offender either. On top of fines and other penalties incurred by a DUI conviction, the ignition interlock device will cost $2 – $3 per day to rent from a provider.
“Hopefully there will be a better chance of people not becoming repeat offenders if they know one of these devices will be installed in their cars and that there will be a significant expense,” Rushing said.
Offenders required to use an ignition interlock device found to be operating a vehicle without one will be taken into custody and the vehicle will be impounded.
Both of these bills will become law on Sept. 1.
