Aggravated DUI Law Narrowly Misses Passage by Alabama State Legislature
In recent years, there has been a growing focus on increasing the penalties for DUI offenses across the country. It may be only a matter of time before Alabama becomes part of this national trend.

July 14, 2009 /24-7PressRelease/ -- Aggravated DUI Law Narrowly Misses Passage by Alabama State Legislature

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A bill that would have created a new second level offense for aggravated DUI passed the Alabama Senate but failed to make it on the House's agenda on the last day of the 2009 legislative session. The law sought to impose harsher penalties for drunk drivers with a blood alcohol content (BAC) of 0.15 or higher. The law would have doubled the current penalties for drivers convicted of an aggravated DUI.

One of the bill's sponsors, Rep. Spencer Coller of Irvington, a former Alabama State Trooper, said the 0.15 BAC cut-off is important because drunk drivers with this level of alcohol in their system pose a greater danger to the public than those with lower BAC levels and are more likely to drive intoxicated more frequently than other drivers.

The bill included additional measures to strengthen Alabama's DUI laws, including:
-Eliminating the 5 year period for determining whether a DUI offender has a previous conviction. Under the new law, any conviction in the driver's lifetime would count as a previous conviction, mandating stiffer penalties.
-Requiring anyone convicted of a DUI to attend and participate in a victim program with those who have lost loved ones or been injured in an accident with a drunk driver.
-Changing the current DUI penalties for a 4th conviction to make the minimum mandatory jail time greater than it is for a 3rd conviction. Under current law, a person convicted of their 3rd DUI offense within 5 years of the 2nd offense is required to spend a minimum of 60 days in jail, while those convicted of their 4th DUI offense are only required to spend a minimum mandatory 10 days in jail.
-Requiring anyone convicted of a DUI to install an ignition interlock device (IID) into their vehicle in order to regain driving privileges. IIDs require drivers to blow into a device, which then measures the alcohol content of their breath. If the device detects any traces of alcohol in the driver's breath, the vehicle will not start.

Opponents of the bill argued that the state's current system of DUI penalties is strict enough. Under Alabama §32-5A-191, drivers convicted of driving with a BAC of 0.08 or greater face the following penalties:

First-time offenders:
-Misdemeanor offense
-Up to 1 year in jail
-Fines between $600 and $2,100
-90 day drivers license suspension
-Attendance in a court-approved DUI or substance abuse program

Second-time offenders (within 5 years of the previous conviction):
-Misdemeanor offense
-Mandatory minimum 5 days in jail or 30 days community service
-Up to 1 year in jail
-Fines between $1,100 and $5,100
-1 year driver license revocation
-Attendance in a court-approved DUI or substance abuse program

Third-time offenders (within 5 years of the previous conviction):
-Misdemeanor offense
-Mandatory minimum 60 days in jail
-Up to 1 year in jail
-Fines between $2,100 and $10,100
-3 years license revocation
-Attendance in a court-approved DUI or substance abuse program

Fourth-time offenders (within 5 years of the previous conviction):
-Felony conviction
-Mandatory minimum 10 days in jail
-Up to 10 years in prison
-Fines between $4,100 and $10,100
-5 year license revocation
-Attendance in a court-approved DUI or substance abuse program

Even though the aggravated DUI bill did not pass during this legislative session, it is likely state legislators will reintroduce the bill sometime next year. In recent years, there has been a growing focus on increasing the penalties for DUI offenses across the country, with many states passing aggravated DUI laws. Additionally, 45 states now have ignition interlock device laws on the books. It may be only a matter of time before Alabama becomes part of this national trend.

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