ACDLA 4 Corners Seminar 2008 DUI Update

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ACDLA "4 Corners Workshop" 2008 DUI Upgrade. Patrick Mahaney Montgomery, Alabama. Today's Framework. Alabama's DUI Law - Past, Present

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ACDLA "4 Corners Seminar" 2008 DUI Update Patrick Mahaney Montgomery, Alabama

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Today's Outline Alabama's DUI Law - Past, Present… and Future? The DUI Offender – A Statistical Survey (the numbers don't lie!) Alabama's present DUI Statute… .and proposed 2009 amendment Review of late cases influencing DUI hone

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When Did Alabama Traffic Law Originate? State's first movement laws authorized in 1911 Act 535 of the 1911 Legislature was titled "The Motor Vehicle Law" - successful October 1, 1911. Act 535 was expected to produce income and intended to require uniform permit charges on vehicles The demonstration likewise included, among different parts, a speed constrain law * ; a law for requiring operational brakes, horns and lights; and a law denying driving while inebriated .

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DWI-1911 through 1979 Act 535, Section 28, first line, expressed: "Whoever works an engine vehicle while in an inebriated condition should be blameworthy of a crime." The state's activity code was re-composed in 1927 as a feature of a thorough authoritative act revamping the State Highway Department Contained in Article II of Act 347 was the state's first far reaching " Rules of the Road ." The 1927 variant of the "Guidelines of the Road" were therefore joined into the 1928 update of the Code of Alabama.

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The 1927 DWI Statute First Alabama driving while inebriated statute was ordered in 1911, and given a fine timetable and compulsory permit suspension by the demonstration of 1919. The 1927 Act which built up Alabama's first methodical "Principles of the Road" joined a DWI statute restricting driving " affected by inebriating alcohol … " By correlation with today's DUI law, the 1927 statute was a model of effortlessness: " It might be unlawful for any individual whether licensed or not who is a periodic client of opiate drugs or any individual who is affected by inebriating alcohol or opiate medications to drive any vehicle upon any interstate inside this State;… "

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The 1980 "Standards of the Road" DUI One sentence constituted the whole DWI law for the state in 1927. The wording of the state's DWI statute remained for the most part unaltered until 1980. 1980: Alabama governing body composes new "Guidelines of the Road" and establishes Chapter 5A of Title 32. The current DUI statute - 32-5A-191-now surpasses four pages, single dispersed, long. 32-5A-191 (an): A man might not drive or be in genuine physical control of any vehicle while: (1) There is 0.08 percent or more by weight of liquor in his or her blood; (2) Under the impact of liquor ; (3) Under the impact of a controlled substance to a degree which renders him or her unequipped for securely driving; (4) Under the consolidated impact of liquor and a controlled substance to a degree which renders him or her unequipped for securely driving; or (5) Under the impact of any substance which hinders the mental or physical resources of such individual to a degree which renders him or her unequipped for securely driving. (A-5 sanctioned in 1983)

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Two Major Changes The main significant change contained in the 1980 DUI statute was the expulsion of the expression "inebriation" as a component of the of the offense. Under the 1980 statute, another term supplanted "driving while inebriated" with " driving impaired ." The second real change that produced results with the order of the 1980 statute was, without precedent for this express, an essentially infringement of the DUI statute construct entirely in light of the blood or breath test perusing. No confirmation of real physical weakness or proof of inebriation is required to acquire and maintain a conviction

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DUI turns into a 'blood-liquor' offense The fundamentally infringement constituted a noteworthy move in the arraignment of the DUI driver. Declaration now focused on test tolerability as opposed to the signs of physical disability of the driver. Furthermore, with two later bits of enactment, the state's case was less demanding to demonstrate than already: Act 660 of the 1988 lawmaking body re-composed the concoction test for inebriation act, and included as a feature of the enactment the " 2100 to 1 proportion " as a key some portion of state law representing the organization of breath tests. In 1995, the governing body re-composed the DUI statute bringing down the in essence infringement from .10% to .08%, and fused similar changes into the compound test act.

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What Was the Result? Since 1980 when the updated Rules of the Road produced results with the sanctioning of Chapter 5A of the engine vehicle code, and taking after two and half decades since, a between related and complex arrangement of occasions occurred: Emergence of a solitary issue open intrigue bunch (M.A.D.D.) The money related outcomes of halfway or finish loss of government expressway financing if certain elected orders were not accomplished (90% Alabama street building is governmentally subsidized) Media enthusiasm for movement requirement issues ( Birmingham News ) Media keen legislators peering toward a simple focus for great press Result : Alabama's DUI statute has been revised 14 times since establishment in 1980, and alongside supplemental enactment, has made of a perplexing, disconnected, and reformatory activity code, with genuine and long haul outcomes for subjects confronting a liquor and additionally medicate related driving offense.

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Population Trend: State Population Up 15% in recent years Source: Auburn University at Montgomery

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DUI Arrests As Compared to Population Trends Alabama DUI Trends – State populace increments 15% in the course of recent years, however DUI captures decay by 46%

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DUI Arrests Statewide 2003-2006 Less than 4% difference yearly

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2006 DUI Arrest Data Total: 18,596 DUI Arrests far reaching Convictions: 13,647 (78.4%) Dismissed/Nol Prossed: 4,133 Acquitted/Not Guilty: 728 (4%) Reduced to Reckless Driving: 54 Other: 34

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Alabama's DUI Offenders A Statistical Study Based on Draeger Breath Test Data 7/15/2003 – 10/21/2007

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Alabama Breath Test Data 7/15/2003 – 10/21/2007 51 month investigation of all Draeger tests in Alabama 101,668 tests 66,904 finished tests (65.8%) 56,226 male ( 84% male ) 10,676 female ( 16% female ) 34,764 refusal/fragmented (29.8%) 4.4% inadequate different reasons 32% all test takers matured 21-30 Average BrAC all tests-.137% Per penny tests over .15% - 41% all tests

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Based on Statistics, Who is the Most Likely DUI Offender? Male, matured 21-35 (rough half of all DUI captures age are guys, matured 21-35) With a breath test at or almost .15%

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Federal Mandates Federal statutes requiring state consistence or request the Secretary of Transportation to withhold government thruway reserves from resistant states : 23 U.S.C. 153, PL 102-240 "Utilization of Safety Belts and Motorcycle Helmets" 23 U.S.C. 154, PL 102-240 "Open Container Requirements" 23 U.S.C. 157, PL 102-240 "Security Incentive Grants for Use of Seatbelts" 23 U.S.C. 158, PL 105-178 "National Minimum Drinking Age" 23 U.S.C. 159, PL 102-388 "Repudiation or Suspension of Driver's Licenses of Individuals Convicted of Drug Offenses" 23 U.S.C. 163, PL 105-178 "Security Incentives to Prevent Operation of Motor Vehicles by Intoxicated Persons" 23 U.S.C. 164, PL 105-178 "Least Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence"

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.08 Per Se Comments: 32-5A-191(a)(1) Administrative License Revocation Comments: 32-5A-300, 304, 305 Child Endangerment Comments: Minimum sentence multiplied; Ala. Code 32-5A-191(n) Dram Shop Comments: Ala Code 6-5-71 Fake ID Ala. Code 13A-10-14 and 28-3A-25(22) Felony DUI Comments: fourth and resulting offense (inside 5 years) Graduated Drivers Licensing Ala. Code 32-6-7.2 Keg Registration Comments: Passed 2004. Obligatory Alcohol Assessment/Treatment Comments: On first offense required Mandatory Alcohol Education Comments: On first conviction required Ala. Code 32-5A-191(i) Mandatory BAC Testing for Drivers required in lethal or genuine damage crashes Ala. Code 32-5A-200 Mandatory Jail second Offense Ala. Code 32-5A-191 (f) Open Container Law that is Federally Compliant Ala. Code 32-5A-330 Happy Hour Laws Comments: Regulation 20-X-6-.14 The MADD Agenda - In Effect in Alabama

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Primary Belt Law Ala. Code 32-5B-1 Repeat Offender Law that is Federally Compliant Comment: Except start interlock Selling/Furnishing Alcohol to Youth Ala. Code 28-3A-25 (a)(3) Sobriety Checkpoints Comment : By case law choice Social Host Comments: Limited to inebriated underage individuals. Vehicle Sanctions While Suspended Ala. Code 32-6-19(b) Vehicular Homicide Comments: Two sorts: Homicide by vehicle - lawful offense - 32-5A-192; criminally careless murder while DWI - class C lawful offense 13A-6-4(a) and (c) Victim Rights Constitutional Amendment Youth Attempt at Purchase Ala. Code 28-3A-25 (a)(19) Youth Consumption of Alcohol Ala. Code 28-3A-25(a)(19) Youth Possession of Alcohol Ala. Code 28-3A-25(a)(19) Youth Purchase Comments: Exceptions: For law requirement purposes just; 28-1-5 and 28-3A-25(a)(19) Zero Tolerance Under 21 Comments: .02 BAC; 32-5-191(b) The MADD Agenda - In Effect in Alabama

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Anti-Plea Bargaining Habitual Traffic Offender High BAC Hospital BAC Reporting Ignition Interlock Lower BAC for Repeat Offender Mandatory BAC Testing for Drivers who are Killed Mandatory Server Training Penalties for Test Refusal Greater than Test Failure Plate Sanctions Preliminary Breath Tester Vehicle Confiscation Vehicle Impound ment … And Coming Soon To Alabama (MADD Agenda Not Yet in Effect)

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MADD's Definition of " High-Risk " Driver The MADD Impaired Driving Summit (2002) found that a noteworthy concentration ought to be the "hig