1st Time DUI in California

Alabama Code Title 32. Motor Vehicles and Traffic § 32-5A-191

 A person convicted pursuant to this subsection shall be subject to the penalties provided by this section, except that on the first conviction the Secretary of the Alabama State Law Enforcement Agency shall suspend the driving privilege or driver’s license for a period of one year.  A person shall not drive or be in actual physical control of a commercial motor vehicle, as defined in 49 CFR Part 383.5 of the Federal Motor Carrier Safety Regulations as adopted pursuant to Section 32-9A-2 , if there is 0.04 percent or greater by weight of alcohol in his or her blood. On a first conviction, the Secretary of the Alabama State Law Enforcement Agency shall suspend the driving privilege or driver’s license of the person convicted for a period of 90 days. The Secretary of the Alabama State Law Enforcement Agency shall revoke the driving privileges or driver’s license of the person convicted for a period of one year and the offender shall be required to have an ignition interlock device installed and operating on the designated motor vehicle driven by the offender for a period of two years from the date of issuance of a driver’s license indicating that the person’s driving privileges are subject to the condition of the installation and use of a certified ignition interlock device on a motor vehicle. The Secretary of the Alabama State Law Enforcement Agency shall revoke the driving privilege or driver’s license of the person convicted for a period of three years and the offender shall be required to have an ignition interlock device installed and operating on the designated motor vehicle driven by the offender for a period of three years from the date of issuance of a driver’s license indicating that the person’s driving privileges are subject to the condition of the installation and use of a certified ignition interlock device on a motor vehicle.  In addition to the other penalties authorized, the Secretary of the Alabama State Law Enforcement Agency shall revoke the driving privilege or driver’s license of the person convicted for a period of five years and the offender shall be required to have an ignition interlock device installed and operating on the designated motor vehicle driven by the offender for a period of five years from the date of issuance of a driver’s license indicating that the person’s driving privileges are subject to the condition of the installation and use of a certified ignition interlock device on a motor vehicle. The Alabama habitual felony offender law shall not apply to a conviction of a felony pursuant to this subsection, and a conviction of a felony pursuant to this subsection shall not be a felony conviction for purposes of the enhancement of punishment pursuant to Alabama’s habitual felony offender law.  Fines collected for violations of this section charged pursuant to a municipal ordinance, where the fine is paid on a partial or installment basis, shall be deposited as follows:  The first two hundred dollars of the fine collected for any conviction shall be deposited to the State Treasury with the first one hundred dollars collected for any conviction credited to the Alabama Chemical Testing Training and Equipment Trust Fund and the second one hundred dollars for any conviction credited to the Alabama Head and Spinal Cord Injury Trust Fund after deducting five percent of the one hundred dollars for administrative costs and depositing this amount in the general fund of the municipality.  The one hundred dollars shall be deposited into the Alabama Chemical Testing Training and Equipment Fund. A person who has been arrested for violating this section shall not be released from jail under bond or otherwise, until there is less than the same percent by weight of alcohol in his or her blood as specified in subsection(1) or, in the case of a person who is under the age of 21 years, subsection hereof.  The fee shall be deposited as provided in Sections 32-6-5 , 32-6-6 , and 32-6-6.1. The defendant shall provide proof of installation of an approved ignition interlock device to the Alabama State Law Enforcement Agency as a condition of the issuance of a restricted driver’s license.

Keywords: [“shall”,”drive”,”interlock”]
Source: http://codes.findlaw.com/al/title-32-motor-vehicles-and-traffic/al-code-sect-32-5a-191.html

4511.19 Operating vehicle under the influence of alcohol or drugs

Whoever violates any provision of divisions(1)(a) to or(2) of this section is guilty of operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Whoever violates division(1)(j) of this section is guilty of operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance. The court shall impose the ten-day mandatory jail term under this division unless, subject to division(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The agency shall use this share to pay only those costs it incurs in enforcing this section or a municipal OVI ordinance and in informing the public of the laws governing the operation of a vehicle while under the influence of alcohol, the dangers of the operation of a vehicle under the influence of alcohol, and other information relating to the operation of a vehicle under the influence of alcohol and the consumption of alcoholic beverages. Twenty-five dollars of the fine imposed under division(1)(a)(iii) and fifty dollars of the fine imposed under division(1)(b)(iii) of this section shall be deposited into the county or municipal indigent drivers’ alcohol treatment fund under the control of that court, as created by the county or municipal corporation under division of section 4511.191 of the Revised Code. Fifty dollars of the fine imposed under divisions(1)(a)(iii),(1)(b)(iii),(1)(c)(iii),(1)(d)(iii), and(1)(e)(iii) of this section shall be deposited into the special projects fund of the court in which the offender was convicted and that is established under division(1) of section 2303.201, division(1) of section 1901.26, or division(1) of section 1907.24 of the Revised Code, to be used exclusively to cover the cost of immobilizing or disabling devices, including certified ignition interlock devices, and remote alcohol monitoring devices for indigent offenders who are required by a judge to use either of these devices. If the court in which the offender was convicted does not have a special projects fund that is established under division(1) of section 2303.201, division(1) of section 1901.26, or division(1) of section 1907.24 of the Revised Code, the fifty dollars shall be deposited into the indigent drivers interlock and alcohol monitoring fund under division of section 4511.191 of the Revised Code. Seventy-five dollars of the fine imposed under division(1)(a)(iii), one hundred twenty-five dollars of the fine imposed under division(1)(b)(iii), two hundred fifty dollars of the fine imposed under division(1)(c)(iii), and five hundred dollars of the fine imposed under division(1)(d)(iii) or(iii) of this section shall be transmitted to the treasurer of state for deposit into the indigent defense support fund established under section 120.08 of the Revised Code. No court shall sentence an offender to an alcohol treatment program under this section unless the treatment program complies with the minimum standards for alcohol treatment programs adopted under Chapter 5119. If the court determines that an offender who stays in an alcohol treatment program under an order issued under this section is unable to pay the cost of the stay in the program, the court may order that the cost be paid from the court’s indigent drivers’ alcohol treatment fund.

Keywords: [“section”,”person”,”term”]
Source: http://codes.ohio.gov/orc/4511.19