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Alabama Governor Signs Law Impacting Alabama DUI Law for CDL Drivers

Yesterday afternoon Alabama Governor Robert Bentley signed into law Alabama Act 2016-152 (Senate Bill 259), which alters the affect a DUI acquittal, dismissal or nolle prose has on commercial driver license holders.  The vast majority if DUI criminal prosecutions in Alabama have a companion, civil driver license suspension case, in which the Alabama Law Enforcement Agency attempts to administratively suspend the accused’s driver license for blowing over the legal limit or refusing to take a breath alcohol test.    People who have commercial driver licenses face not only the administrative suspension of their regular driving privileges but also the disqualification of their commercial driving privileges for one year or longer.   Prior to Alabama Act 2016-152 becoming law, if you had not refused the breath test and your DUI criminal charge was dismissed, nolle prossed, or you were aquitted, then the suspension and disqualification of your driver license (including CDL) would be rescinded.  The new law removes this benefit for CDL holders.  In other words, if a CDL holder in a breath test case has his/her DUI criminal charge resolved favorably, it will no longer cause the administrative suspension or disqualification to be rescinded.  The law for non-CDL holders who were not operating a commercial motor vehicle, remains unchanged in this regard.

Alabama ACt 2016-152 also does some “clean up” work by substituting “Alabama Law Enforcement Agency” in place of “Alabama Department of Public Safety” and “Secretary of the Alabama Law Enforcement Agency” for “Director of Public Safety” in certain statutes.  This is to bring these statutes in line with recent changes made to the Alabama Department of Public Safety and its inclusion under the auspices of the Alabama Law Enforcement Agency.

About the Author:  Phillip B. Price, Sr. the senior partner at Price, Flowers & Ward Law Firm. He is a former Dean of the National College for DUI Defense (NCDD), the premier national organization for DUI defense attorneys. He is the only attorney in North Alabama who is Board Certified as a Specialist in DUI Defense. He has been representing citizens accused of DUI in Alabama for over 35 years. In 2012, he received the prestigious Erwin-Taylor Award from the NCDD.  He is the author the Alabama DUI Handbook, published by Thomson Reuters ®.

If you would like to contact the author, please visit: http://www.alabamaduiattorney.com/

About Phil Price

Phil Price
Phillip B. Price, Sr. has been representing citizens charged with DUI in Alabama for over thirty years. He is the only attorney in North Alabama who is Board Certified as a DUI Specialist. He has represented more people accused of the offense of DUI than any other lawyer in North Alabama. His success rate is astonishing. He is only the eighth person in the entire country to be awarded the prestigious Erwin-Taylor Award by the National College for DUI Defense (NCDD), the nation’s premier organization for DUI Defense attorneys. The award, which is the highest honor granted in the field of DUI Defense, was given to Mr. Price at the NCDD’s summer forum at the Harvard Law School in Cambridge, Massachusetts in 2012. He is a Founding Fellow of the NCDD. He served as Dean of the NCDD in 1997-98. He was the third attorney in the United States to become a Fellow of the NCDD. Mr. Price has been an invited lecturer in over 25 states, teaching other lawyers in various aspects of DUI Defense. He also instructs law enforcement officers how to perform better in their jobs of DUI enforcement. Mr. Price practiced law for many years with the late Macon L. Weaver, former U.S. Attorney for the Northern District of Alabama. Mr. Price served as president of the Alabama Criminal Defense Lawyers in 1992-93. Mr. Price is the author of the Alabama DUI Handbook (published by West®, a Thomson Reuters business) and has published many articles dealing with most aspects of DUI cases, including the subject of breath tests, field sobriety tests, jury selection and cross-examination. He is well known for his knowledge dealing with various breath testing instruments, including the Drager Alcotest MK III, Intoxilyzer Model 5000, and Alco Sensor IV. He owns each of these devices. He has taught courses on the operation of evidential breath test devices. In 1994, in a landmark decision, he persuaded the Alabama Supreme Court to throw out the Alabama breath test program. Even the definition of DUI as a crime in Alabama comes from a case he handled in the Alabama Supreme Court in 1989. He has been selected by his peers for Best Lawyers® and Super Lawyers®. He has been received an AV rating by Martindale-Hubbell®, the highest peer review rating in legal ability and ethical standards. He has received a “superb” rating from Avvo™.

If you would like to contact the author, please visit: http://www.alabamaduiattorney.com/


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