1 SB258
2 209341-3
3 By Senator Orr
4 RFD: Judiciary
5 First Read: 23-FEB-21
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 SB258
1 SB258
2
3
4 ENROLLED, An Act,
5 Relating to driver's licenses; to amend Sections
6 32-5-192, 32-5-200, 32-5A-194, 32-5A-300, 32-5A-301,
7 32-5A-302, 32-5A-303, 32-5A-304, 32-5A-306, 32-5A-307,
8 32-5A-308, and 32-6-49.13, Code of Alabama 1975, to provide
9 for additional chemical tests that may be used to determine if
10 a person was driving under the influence; to provide for
11 additional persons who are qualified to withdraw a person's
12 blood for a chemical test; to provide that a witness may
13 provide testimony on the results of a horizontal gaze
14 nystagmus test; to make nonsubstantive, technical revisions to
15 update the existing code language to current style; and in
16 connection therewith would have as its purpose or effect the
17 requirement of a new or increased expenditure of local funds
18 within the meaning of Amendment 621 of the Constitution of
19 Alabama of 1901, now appearing as Section 111.05 of the
20 Official Recompilation of the Constitution of Alabama of 1901,
21 as amended.
22 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23 Section 1. This act shall be known and may be cited
24 as the Danny Kendall Johnson Act.
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1 Section 2. Sections 32-5-192, 32-5-200, 32-5A-194,
2 32-5A-300, 32-5A-301, 32-5A-302, 32-5A-303, 32-5A-304,
3 32-5A-306, 32-5A-307, 32-5A-308, and 32-6-49.13, Code of
4 Alabama 1975, are amended to read as follows:
5 "32-5-192.
6 "(a)(1) Any person who operates a motor vehicle upon
7 on the public highways of this state shall be deemed to have
8 given his consent, subject to the provisions of this division,
9 to a chemical test or tests of his or her blood, breath, or
10 urine oral fluid for the purpose of determining the alcoholic
11 content of his blood any impairing substance or substances
12 within a person's system, if lawfully arrested for any offense
13 arising out of acts alleged to have been committed while the
14 person was driving a motor vehicle on the public highways of
15 this state while under the influence of intoxicating liquor in
16 violation of Section 32-5A-191.
17 "(2) The test or tests shall be administered at the
18 direction of a law enforcement officer having reasonable
19 grounds to believe that the person to have been was in
20 violation of Section 32-5A-191, while driving a motor vehicle
21 upon on the public highways of this state while under the
22 influence of intoxicating liquor.
23 "(3) The law enforcement agency by which such that
24 employs the officer is employed shall designate which of the
25 aforesaid tests test or tests shall be administered. Such The
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1 person shall be told that his or her failure to submit to such
2 a chemical test or tests will result in the suspension of his
3 or her privilege to operate a motor vehicle for a period
4 minimum of 90 days; provided if such. If the person objects to
5 a blood test, the law enforcement agency shall designate that
6 one of the other aforesaid tests be administered.
7 "(b) Any person who is dead, unconscious, or who is
8 otherwise in a condition rendering him or her incapable of
9 refusal, shall be deemed not to have withdrawn the consent
10 provided by subsection (a) of this section and the test or
11 tests may be administered, subject to the provisions of this
12 division.
13 "(c)(1) If a person under arrest refuses upon the
14 request of a law enforcement officer to submit to a chemical
15 test or tests designated by the law enforcement agency as
16 provided in subsection (a) of this section, none shall be
17 given, but the Director of Public Safety unless a court order
18 has been obtained ordering the person to submit to a chemical
19 test or tests.
20 "(2) The secretary, upon the receipt of a sworn
21 report of the law enforcement officer that he or she had
22 reasonable grounds to believe the arrested person had been
23 driving a motor vehicle upon the public highways of this state
24 while under the influence of intoxicating liquor in violation
25 of Section 32-5A-191 and that the person had refused to submit
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1 to the test upon the request of the law enforcement officer,
2 shall, on the first refusal, suspend his license or permit to
3 drive, or the privilege of driving a motor vehicle on the
4 highways of this state given to a nonresident; or if the
5 person is a resident without a license or permit to operate a
6 motor vehicle in this state, the director shall deny to the
7 person the issuance of a license or permit, for a period of 90
8 days, subject to review as hereinafter provided. For a second
9 or subsequent refusal of such test within a five-year period,
10 the director, upon said receipt of a sworn report, shall
11 suspend his license or permit to drive, or the privilege of
12 driving a motor vehicle on the highways of this state given to
13 a nonresident for a period of one year; or if the person is a
14 resident without a license or permit to operate a motor
15 vehicle in this state, the director shall deny to the person
16 the issuance of a license or permit, for a period of one year
17 subject to review as hereinafter provided suspend the driving
18 privilege as defined in Section 32-5-191 as provided in
19 Section 32-5A-304.
20 "(3) If such the person is acquitted on the charge
21 of driving a motor vehicle upon the highways of this state
22 while under the influence of intoxicating liquor, then in that
23 event the Director of Public Safety of violating Section
24 32-5A-191, the secretary may, in his or her discretion, may
25 reduce said the period of suspension.
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1 "(d)(1) Upon suspending the license or permit to
2 drive or the privilege of driving a motor vehicle on the
3 highways of this state given to a nonresident or any person,
4 or upon determining that the issuance of a license or permit
5 shall be denied to the person, as hereinbefore in this section
6 directed, the Director of Public Safety driving privilege, the
7 secretary or his or her duly authorized agent shall
8 immediately notify the person in writing of the suspension and
9 upon his a request filed by the person, the secretary shall
10 afford him an opportunity for provide a hearing in the same
11 manner and under the same conditions as is provided in Section
12 32-6-16, for notification and hearings in the cases of
13 suspension of licenses Section 32-5A-307; except, that the
14 scope of such a the hearing for the purposes of this section
15 shall cover the issues of whether determine all of the
16 following:
17 "a. Whether a law enforcement officer had reasonable
18 grounds to believe the person had been driving a motor vehicle
19 upon the public highways of this state while under the
20 influence of intoxicating liquor, whether in violation of
21 Section 32-5A-191.
22 "b. Whether the person was placed under arrest, and
23 whether.
24 "c. Whether he or she refused to submit to the test
25 upon request of the officer.
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1 "(2) Whether the person was informed that his or her
2 the privilege to drive would be suspended or denied if he or
3 she refused to submit to the test shall not be an issue.
4 "(3) The Director of Public Safety secretary shall
5 order that the suspension or determination that there should
6 be a denial of issuance either be rescinded or sustained.
7 "(e) If the suspension or determination that there
8 should be a denial of issuance is sustained by the Director of
9 Public Safety secretary, or his or her authorized agent upon
10 such the hearing, the person whose license or permit to drive
11 or nonresident operating privilege has been suspended or to
12 whom a license or permit is denied, under the provisions of
13 this section, driving privilege has been suspended shall have
14 the right to file a petition in the appropriate court to
15 review the final order of suspension or denial by the director
16 secretary, or his or her duly authorized agent, in the same
17 manner and under the same conditions as is provided in Section
18 32-6-16 in the cases of suspensions and denials 32-5A-307.
19 "(f) When it has been finally determined under the
20 procedures of this section Upon a determination that a
21 nonresident's privilege to operate a motor vehicle in this
22 state has been suspended, the director secretary shall give
23 information provide, in writing of, the action taken by this
24 state to the motor vehicle administrator of the state of the
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1 person's residence and of to any state in which he or she has
2 a license.
3 "32-5-200.
4 "(a) Any person who operates a motor vehicle on the
5 public highways of this state who is involved in an accident a
6 crash that results in death or a serious physical injury to
7 any person shall be deemed to have given consent to a chemical
8 test or tests of his or her blood for the purpose of
9 determining the alcoholic content of his or her blood or the
10 presence of amphetamines, opiates, or cannabis any other
11 impairing substance. The test or tests shall be administered
12 at the direction of a law enforcement officer having
13 reasonable grounds to believe that the person, while driving a
14 motor vehicle on the public highways of this state, was under
15 the influence of alcohol, amphetamines, opiates, or cannabis
16 or any other impairing substance. The person shall be informed
17 by the law enforcement officer who is investigating the
18 accident crash that failure to submit to a test will result in
19 the suspension of his or her privilege to operate a motor
20 vehicle for a period of two years.
21 "(b) For purposes of this section, the term "serious
22 physical injury" means physical injury which that creates a
23 substantial risk of death, or which causes serious and
24 protracted disfigurement, protracted impairment of health, or
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1 protracted loss or impairment of the function of any bodily
2 organ.
3 "(c) Any person who is dead, unconscious, or who is
4 otherwise in a condition in which they are incapable of
5 refusal, shall be deemed not to have withdrawn the consent
6 provided by subsection (a).
7 "(d) If a person refuses to submit to a chemical
8 test or tests, none shall be given, unless a court order has
9 been obtained ordering the person to submit to a chemical test
10 or tests. If the person is found not to have been at fault in
11 causing the accident crash, the Director of Public Safety
12 secretary may reduce the period of suspension.
13 "(e) (1) Upon suspending the license or permit to
14 drive or the privilege of driving a motor vehicle on the
15 highways of this state that is given to a nonresident or any
16 person, or upon determining that the issuance of a license or
17 permit shall be denied to the person, the Director of Public
18 Safety secretary, or his or her authorized agent, shall within
19 three days of suspension notify the person in writing. Upon a
20 request filed by the person within five days from the date of
21 the notice of suspension or denial, the director secretary
22 shall schedule a hearing with notice of the hearing to be
23 provided by certified mail to the person stating the date,
24 time, place, and scope of the hearing. The scope of the
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1 hearing shall pertain to determine all of the following issues:
2 "(1) a. Whether a law enforcement officer had
3 reasonable grounds to believe the person had been driving a
4 motor vehicle on the public highways of this state while under
5 the influence of the substances enumerated in subsection (a)
6 alcohol or any impairing substance.
7 "(2) b. Whether the person was at fault in causing
8 the accident crash.
9 "(3) c. Whether the person refused to submit to the
10 test upon request of a law enforcement officer.
11 "(4) (2) Whether the person was informed that his or
12 her privilege to drive would be suspended or denied if he or
13 she refused to submit to the test shall not be an issue.
14 "(f) If the suspension or determination that there
15 should be a denial or issuance is sustained by the director
16 secretary, or his or her authorized agent, the person whose
17 license or permit to drive or a nonresident operating
18 privilege has been suspended, or to whom a license or permit
19 is denied, shall have the right to file a petition to review
20 the final order, suspension, or denial within 30 days after
21 the entry of the final order of suspension or denial by the
22 director secretary in the appropriate court to review the
23 final order of suspension.
24 "(g) When it has been finally determined under the
25 procedures of this section Upon a determination that the
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1 privilege of a nonresident a nonresident's privilege to
2 operate a motor vehicle in this state has been suspended, the
3 director secretary shall give information provide, in writing
4 of, the action taken to the motor vehicle administrator of the
5 state of the residence of the person person's residence and to
6 any state in which the person has a license.
7 "32-5A-194.
8 "(a) Upon the trial of any civil, criminal, or
9 quasi-criminal action or proceeding arising out of acts
10 alleged to have been committed by any person while driving or
11 in actual physical control of a vehicle while under the
12 influence of alcohol or controlled substance, evidence of the
13 amount of alcohol or, controlled substance, or other impairing
14 substance in a person's blood at the alleged time, as
15 determined by a chemical analysis of the person's blood,
16 urine, breath, oral fluid, or other bodily substance, or any
17 combination thereof, shall be admissible. Where such a
18 chemical test is or tests are made, the following provisions
19 shall apply:
20 "(1) Chemical analyses of the person's blood, urine,
21 breath, oral fluid, or other bodily substance to be considered
22 valid under the provisions of this section shall have been
23 performed according to methods approved by the Department of
24 Forensic Sciences and by an individual possessing a valid
25 permit issued by the Department of Forensic Sciences for this
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1 purpose. The court trying the case may take judicial notice of
2 the methods approved by the Department of Forensic Sciences.
3 The Department of Forensic Sciences is authorized to may
4 approve satisfactory techniques or methods, to ascertain the
5 qualifications and competence of individuals to conduct such
6 the analyses, and to issue permits which shall be subject to
7 termination or revocation at the discretion of the Department
8 of Forensic Sciences. The Department of Forensic Sciences
9 shall approve permits required in this section only for
10 employees of state, county, municipal, and federal law
11 enforcement agencies, and for laboratory personnel employed by
12 the Department of Forensic Sciences.
13 "(2) When a person shall submit to a blood test at
14 the direction of a law enforcement officer under the
15 provisions of pursuant to Section 32-5-192, only a physician
16 or, a registered nurse, a paramedic, a phlebotomist, (or other
17 qualified person), may withdraw blood for the purpose of
18 determining the alcoholic content therein or the presence of
19 other impairing substances. This limitation shall not apply to
20 the taking of breath or oral fluid urine specimens. If the
21 test given under Section 32-5-192 is a chemical test of urine,
22 the person tested shall be given such privacy in the taking of
23 the urine specimen as will insure the accuracy of the specimen
24 and, at the same time, maintain the dignity of the individual
25 involved.
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1 "(3) The person tested may at his or her own expense
2 have a physician, or a qualified technician, registered nurse,
3 or other qualified person of his or her own choosing
4 administer a chemical test or tests in addition to any
5 administered at the discretion of a law enforcement officer.
6 The failure or inability to obtain an additional test by a
7 person shall not preclude the admission of evidence relating
8 to the test or tests taken at the direction of a law
9 enforcement officer.
10 "(4) Upon the written request of the person who
11 shall submit to a chemical test or tests at the