A Brief Overview of Ignition Interlock Requirements in DUI Cases in AlabamaThe history of DUI legislation in Alabama, particularly concerning ignition interlock requirements, is characterized by a series of amendments over the years. Ignition interlock devices (IIDs) are designed to require drivers to submit a breath sample to detect alcohol before starting their vehicle. Before 2011, Alabama had not implemented ignition interlock requirements for DUI convictions. This changed with the enactment of the Alabama Mandatory Ignition Interlock Law (Act 2011-613), signed in June 2011 and effective as of September 2012. The Act 2011-613 mandated the use of IIDs for certain DUI offenses. These offenses included DUI convictions with a blood alcohol concentration (BAC) of 0.15 or higher, DUIs involving a passenger under the age of 14, as well as repeat DUI offenses and cases where the defendant refused a breathalyzer test. Since then the legislature has amended this law several times. Many jurisdictions offer Pre-trial diversion programs, usually for first-offenders. Basically, the Defendant enters into a "conditional" guilty plea and then, rather than being sentenced, is placed into a program with various requirements, usually always involving a drug and alcohol treatment program, payment of fees and costs and a "good behavior" requirement for a certain length of time, often one year. If the Defendant successfully completes the PTD program, the case is ultimately dismissed. If the Defendant does not successfully complete the program, the judge simply pronounces a sentence, based on the previous guilty plea. Many of these PTD programs came into being in recent years and were of a great help to DUI Defendants as well as promoting the safety of the general public. The State, not to leave well enough alone, then began to mandate Ignition Interlock devices on vehicles driven by those in PTD programs. That greatly increased the cost of these programs to the Defendants and made the PTD much less appealing. Fortunately, as of July 1, 2023, this requirement has lapsed under Alabama state law. See the article here that details the issue very well: https://1819news.com/news/item/breathalyzer-requirement-for-dui-pre-trial-programs-ends-july-1. |