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Alabama

Felony DUI

Fourth offense

DUID Zero Tolerance and Per Se Laws

Impairment-based statute only

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.15

DUI Look-back Periods

Ten years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

No Habitual Offender Law

Drug Evaluation and Classification Program

51-100 DREs

DUI Courts - Standalone

1-5 DUI Courts

DUI Courts - Hybrid

6-10 Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Non-psychoactive Medical Cannabis (i.e., Cannabidiol - CBD)

DUID: Implied Consent Testing Methods

Does not extend to drugs

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

None

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

active

2017 New Impaired Driving and Underage Drinking Laws

No legislation passed

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Court Rule/Order

Top Detected Drug Category by State (2019)

Cannabis

2019 Enacted Impaired Driving & Underage Drinking Legislation

No Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

No Distinctive License & No Seizure Law

No Refusal Programs

Has legal authority to implement No Refusal program

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

32-5-192(a)(1) - Learn More
"shall be deemed to have given consent"
"…any impairing substance"

Blood

32-5-192(a)(1) - Learn More
 "shall be deemed to have given consent"
"…any impairing substance" 

Urine

Removed from Implied Consent law by Act 2021-498

Oral Fluids

32-5-192(a)(1) - Learn More
"shall be deemed to have given consent"
"…any impairing substance"

Other

32-5-192(a)(1) - Learn More
Breath also covered in this section

DUI Statutes

Drugs

32-5A-191(a)(3) - Learn More
32-5A-191(a)(5) - Learn More
(3) under influence of controlled substance
(5) any substance which impairs mental or physical

Combined/Multiple Substance

32-5A-191(a)(4) - Learn More
32-5A-191(a)(5) - Learn More
 (4) alcohol and controlled substances
(5) any substance which impairs mental or physical

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

32-5-192(a)(3) - Learn More
32-5-192(c)(1-3) - Learn More
Driving privileges will be suspended for a minimum of 90 days

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

32-5-192(d) and 32-5A-194(c) - Learn More
Admissible in a state-level administrative hearing Evidence of refusal shall be admissible in any civil, criminal, or quasi-criminal action or proceeding

Criminal Trial

32-5A-194(c)
Evidence of refusal shall be admissible in any civil, criminal, or quasi-criminal action or proceeding

ALR Laws

Cannabis

Yes

Length/Time of Restriction

Same as DUI
1st Conviction 90 days suspension of DL
2nd Conviction 1 year revocation of DL
3rd Conviction 3 year revocation of DL
4th Conviction within 10 years = 5 year revocation of DL

Hardship License Available

No
Only available if suspension/revocation unrelated to DUI

Random Drug Testing or Ignition Interlock Requirements

Cannabis

Maybe
Require ignition interlock devices (IID) on all repeat offenders of DUI regardless of what subsection they are convicted of. 1st offender Drug DUIs are not required to get the ignition interlock but are eligible to elect to install the IID to avoid the DL suspension.

Other Drugs

Maybe
Require ignition interlock devices (IID) on all repeat offenders of DUI regardless of what subsection they are convicted of. 1st offender Drug DUIs are not required to get the ignition interlock but are eligible to elect to install the IID to avoid the DL suspension.

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No Data Available

Cannabis Per Se Statute

No Data Available

Threshold

No

Nanogram Limit

No

DUI Standards

"under influence of controlled substance"

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

32-5A-191(e)(f)(g)(h) - Learn More

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

32-5A-191(a)(4) - Learn More
"alcohol and controlled substance"

Penalties for Multiple Substance/Multiple Substance Impaired Driving

Same as impaired driving

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

32-5A-191(j) - Learn More
If driver is over 21 and a child in the vehicle is under 14, the sentence shall be double the minimum.

Statutes with THC Listed as Delta 8, 9, 10, or 11

20-2-23(5)(a) - Learn More
Listed as controlled substance Schedule I.

Electronic Warrant Program

Statewide

State is beta testing an arrest warrant program
No electronic search warrant program

By Locality

None

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

Yes Learn More

Minimum Legal Age for Cannabis Consumption

19
For medical cannabis preparations of any type

Underage Cannabis Laws and Penalties

Underage Possession

Recreational Use is Illegal
13A-12-214 - Learn More
Possession is a Misdemeanor
Up to 1 year and $6000 fine for first offense.

Underage Consumption

Recreational Use is Illegal 13A-12-214 - Learn More
Possession is a Misdemeanor Up to 1 year and $6000 fine for first offense.

Underage Purchase

 Recreational Use is Illegal minimum sentencing
Possession is a Misdemeanor Up to 1 year and $6000 fine for first offense.

Underage Attempt to Purchase

Recreational Use is Illegal minimum sentencing
Possession is a Misdemeanor Up to 1 year and $6000 fine for first offense.

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

A resident of this state under the age of 19, must be certified by a registered certifying physician as having a qualifying medical condition, be registered with the medical marijuana commission, and have a qualified designated caregiver who is the patient's parent or legal guardian. In order to be a qualified designated caregiver, the person must be a resident of this state, registered with the commission, issued a valid medical cannabis card by the medical marijuana commission, is at least 21 years of age, unless he or she is the parent or legal guardian of, and caregiver for, a registered qualified patient, and is the parent, legal guardian, grandparent, spouse, or an individual with power of attorney for health care of a registered qualified patient.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No Data Available

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

13A-12-215 - Sale or delivery to a minor is a felony with a sentence of life or not more than 99 years or less than 10 years and a maximum fine of $60,000
13A-12-211 - Sale of any amount to anyone is a felony with a sentence of 2 -20 years and a maximum fine of $30,000.

Other

13A-12-260(e)(2) - Selling paraphernalia to a minor is a felony punishable by a sentence of 2-20 years and a fine not exceeding $30,000