ALABAMA DUI HANDBOOK

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1 ALABAMA DUI HANDBOOK 2011 Edition By Phillip B. Price, Sr. For Customer Assistance Call Mat #

2 2011 Thomson Reuters For authorization to photocopy, please contact the Copyright Clearance Center at 222 Rosewood Drive, Danvers, MA 01923, USA (978) ; fax (978) or West s Copyright Services at 610 Opperman Drive, Eagan, MN 55123, fax (651) Please outline the speci c material involved, the number of copies you wish to distribute and the purpose or format of the use. This publication was created to provide you with accurate and authoritative information concerning the subject matter covered; however, this publication was not necessarily prepared by persons licensed to practice law in a particular jurisdiction. The publisher is not engaged in rendering legal or other professional advice and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.

3 Dedication Be mild with the mild; shrewd with the crafty; con ding with the honest; merciful to the young, the frail or the fearful; rough to the ru an, and a thunderbolt to the liar. But in all this, never be unmindful of your own dignity. Bring to bear all the powers of your mind, not that you may shine, but that virtue may triumph, and your cause may prosper. The Art of Cross-Examination, by Francis L.Wellman Just as this book is composed of chapters, so our lives can be viewed as a series of chapters. I consider my lifechapters to consist of periods, each usually lasting a number of years, in which I interacted with a particular person or group of people or explored a particular subject matter. We are all made up of our di erent life-experiences and the knowledge that we have acquired through the help and guidance of others. I have never considered myself to be scholarly or an academic wizard, but I believe I have a good sense of fairness and for spotting injustice. I have also been very fortunate throughout my life to have been taught and associated with great people. It would be impossible within the limited con nes of this dedication to name all of the people who have in uenced my direction in life, but I would like to mention some of the chapters and acknowledge some of the people within each chapter. 1. Woodmont Avenue I was fortunate to have been raised in the Blossomwood Elementary School zone in Huntsville, Alabama. Kudos to all the teachers there and to Don Jennings who was my next door neighbor until I was ten years old. He and I ran away from home when I was in the rst grade. This consisted of walking with our teddy bears half a block down the street while our parents were chatting on the back patio. We ate our peanut butter and jelly sandwiches then decided to go back home. iii

4 Alabama DUI Handbook 2. Football My rst football coach was Jimmy Murphree. In order for me to qualify for the 75 pound league, I had to lose weight. In the humid summer months we would run, sit in the hot attic and ride around with the heater on. After passing the weigh-in, he bought me a milk-shake. That was the best tasting thing I had ever had. Ben Berry was my middle school coach. (It was called junior high school back then.) During practice one day I threw my helmet at him after a drill. I was acting so weird that he took me to see Dr. Sammons who said I had su ered a concussion. Other than family, my high school football coach has had agreaterpositivein uenceonmylifethanany other person. Coach Tom Owen coached me through Huntsville High School, and, while playing both o ense and defense for him, we only lost 4gamesinthreeyears.Hehelpedgetmeafull football scholarship to Memphis State University. (I guess since then they have gured out that Memphis is not a state.) 3. College and law school After transferring from Memphis State to the University of Alabama I thought I was tired of people telling me what to do. I was a Pike pledge for a semester, SAE pledge for two weeks and a Sigma Chi pledge for a semester. I went to law school at night and worked for two great judges during the day. Circuit judges Ingram Beasley and Josh Mullins were understanding and a orded me the opportunity to observe some of the best trial lawyers in the state try cases. Ed Conerly and Bibb Allen were two of my favorites. In uential friends in college were Carl Maddox and Ricky Childress. While in law school I was seen frequently at Dugan s in Birmingham s south side with Charles Carr, Bert Taylor, David and Martha Vaughn, et al. Lynn Pearson was my roommate and friend. 4. Law Practice I came back to Huntsville,Alabama in 1979 to practice law with my uncle, Macon L. Weaver. He was very active politically, having been appointed by John F. Kennedy to serve as a United States Attorney for the Northern District of Alabama. The warrant for James Earl Ray for killing Rev. Martin Luther King was issued through this o ce. Huntsville attorney Allen Brinkley helped me get my legal feet wet in iv

5 Dedication Huntsville, and Tommy Kirk of Montgomery was a major in uence to get me into the DUI specialty. 5. Martial Arts From time to time we have to discipline ourselves. Sometimes we need help in doing this. I practiced in Tang Su Do martial arts for about two and one half years. Master Yong Lee helped me progress up to black belt status. 6. Boating My father bought a cabin on the Tennessee River when I was a child. I grew up being exposed to boating, skiing and to some extent shing. Later when I had a family of my own, we bought a place in Guntersville, Alabama where we enjoyed the fellowship of the Keith Dahlke family along with David and Janet Milly. I skied on boat paddles when I was younger and later in life went through a period of boating on the Tennessee River and Lake Guntersville. We bought a boat and, after a while, listed our boat as an o cial United States Coast Guard vessel, should the Coast Guard have needed its services. I am glad we did not have an internal war. The boat s name was Motion Granted. I fondly remember the moment when daughter Michelle threw her paci er into the lake and said goodbye to it. 7. Flying The ying phase took me through two certi cates private pilot license and then instrument rating (IFR). During this chapter I did the following: looked for a killer whale in the Tennessee River on one of the rst solos without my instructor (it was April Fool s Day); ew home from Orange Beach holding the passenger door partially closed with a cable in one hand and steering the plane with the other; and ew through a frightening thunderstorm. The tail number of my airplane was 247GW ( 24/7 Golf Whiskey ). Going to ying lessons in the early morning made trying cases seem e ortless. Wade Russell, Ben Stevens, and Darden Heritage were some of my teachers. 8. Painting I had an experience in a courtroom one day that cut to my soul as an attorney. The particular judge treated my witnesses and me with total disrespect. I felt that I needed an outlet for my pent-up emotion. I took some courses at the Huntsville Museum of Art to learn the basics of oil painting so that I could put my hurt soul on canvas. It was worthwhile, and I painted about 30 oil paintings during this chapter. v

6 Alabama DUI Handbook Tailgating I represented a man who had served our country for many years in the military, followed by several more years as an air-tra c controller for a combined service period of 35 years. Prior to retirement, he spent two years researching which motor home to purchase. He bought a Ti n Allegro Bus (made in Red Bay, Alabama). He picked up his new motorhome and drove it to Huntsville, parking at Redstone Army Base for the Memorial Day Weekend. He got arrested for DUI, charged in Federal Court, and I was fortunate to have represented him. A good result was obtained for him. He did the research on which motor home was, in his opinion, the best bang for the buck; Karma strikes again. It felt like we should buy a motorhome, so we did. We began to tailgate at football games in Tuscaloosa, where my daughter was in school. We have enjoyed attending almost every home football game for the University of Alabama since We established special relationships with the Christensen family (parents of Jamie, known as Money ), Gene Bensen, Bud and Irene, Skipper s group, the Clines, the Smellys and the Campbells. Karaoke became a ritual every Friday before the game. We have ties to Auburn, too. 10. Golf Wow, golf is such an interesting game! It is a game of opposites. You try to hit the ball hard; it goes a short distance. Hit it easy; it goes along way. Swing to the right; it goes to the left. Swing to the left; the ball goes to the right. Several years ago I wanted to buy some fancy golf clubs, custom tted. I hit o a pad to get tted and the rst golf pro who was teaching me at the tting (Billy Cleveland) said, Phil, I don t think you re ready for custom clubs, buddy. He was right, and I admired his honesty. If you are not having fun at what you are doing, just do something else. I have fun with my golf guys: A. J. Albert, Bill Rock, Steve Frates, Fred Gray, Wendell Register and Greg Oden. I was lucky to have won the Member- Guest Tournament at the Ledges Country Club two years ago, playing with my law school buddy, David Vaughn. I have yet to nish the golf chapter. 11. Wine One of the most di cult things I have ever done was to become a certi ed wine-maker through the University of California Davis. I obtained vi

7 Dedication this certi cate in September of 2009 following two and one half years of intense graduate level courses via the Internet. The Price Family Vineyard is about 10 miles from Lynchburg, Tennessee the home of the Jack Daniel s distillery. We have 100 gallons of red wine in barrels as of this date. To quote the Charles Schwab commercial, A vineyard? Gimme a break! 12. Family and Friends Through all of these chapters, I have been blessed with a good family. I have the best wife in the world, Debbie, and three children: Nicole, Phillip Jr., and Michelle. My father, Joe B. Price, worked seven days a week for 51 weeks a year as a pharmacist, and my mother, Ann Parker Price, who died in 2006, raised the four of us siblings. Friends are coming and going all the time. Currently, we hang out with our friends, the Blacks, the C. Vaughns, the Shannons, Captain Bob, Jason and Chrystal Schauer and many others. We have been blessed with special friends. Our special Tennessee friends are the Baileys, the Fraleys and the Bennetts. Conclusion: One never knows how many chapters will play out in his or her life before the last page is turned, but I can tell you this. I am a lucky man, having been surrounded by incredible people. I cannot wait for the next chapter. Just like ne wine, we mature, gain character and mellowness. We cannot forget, however, that some wines need to be enjoyed today. Do not miss the opportunity to live as big as you desire. It is to all these people who have in uence on my life, past and present, that I dedicate this edition. It is in this space that I get to write whatever I want, and I just did. vii

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9 About the Author Phillip B. Price, Sr. has been representing citizens in the legal arena for thirty years and is a pioneer in the eld of DUI defense and DUI evidence. Many of the most signi cant DUI appellate cases in the state of Alabama were handled by Price, including the cases that de ne the crime of driving under the in uence of alcohol. He is a Founding Fellow of the National College for DUI Defense (NCDD), and served as Dean of the College in Price was the third attorney in the United States to become a Fellow of the National College, and is the only attorney in North Alabama who is Board Certi ed by the College as a DUI Specialist. He has represented more people accused of the o ense of DUI than any other lawyer in North Alabama. Mr. Price has been an invited lecturer in over 25 states, teaching other lawyers in DUI defense. He served as president of the Alabama Criminal Defense Lawyers in Price has taught and published on all aspects of DUI cases, including the subject of breath tests, eld sobriety tests, jury selection, cross-examination, and various other topics. He is well-known for his knowledge of various breath testing instruments, including the Drager Alcotest MK III, Intoxilyzer Model 5000, and Alco Sensor IV. He owns models of each of these devices. ix

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11 Preface The purpose of this book is to provide the reader with comprehensive information relating to statutes, case law and administrative rules and regulations regarding the subject of DUI in Alabama. The primary focus of the book is DUI law within the state of Alabama, expanding from time to time to Federal and other states cases and how they relate to Alabama law. Speci c attention is placed on the so-called eld sobriety tests, including the history of their development in this country and many of the weaknesses involving the government s attempt to give them credibility. Details are included about the breath test device used throughout Alabama, namely the Drager Alcotest MK III-C. This book is meant to be a concise reference guide for DUI defense lawyers, prosecutors, judges and even police o cers who are seeking to understand all aspects of DUI cases. During the process of writing this rst edition I have received the help of some very ne, quali ed lawyers. First and foremost, I extend a special thanks to my partner, George D. Flowers who, not only contributed in writing portions of the book, but he also tirelessly worked on our heavy caseload, giving me the opportunity to spend more of my time with the book. Secondly, I wish to recognize Frank S. Ward, who is our most recent addition to our rm. He presented great editing skills accompanied with a winning attitude to accomplish the mission. Other lawyers that I wish to acknowledge who contributed in assisting with this rst edition are: Charles H. Younger who helped with Chapter 2, Emily Baggett who helped with Chapter 3, and Victor Carmody of Jackson, Mississippi, who wrote the o ce management chapter. My anticipation is that this book is like a ne red wine; each year it will get better, and the year following even better. What we do for ourselves dies with us. What we do for others and the world remains and is immortal. Author Unknown. xi

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13 Foreword But when Orion and Sirius are come into mid-heaven, and rosy- ngered Dawn sees Arcturus, then cut o all the grape-clusters and bring them home. Show them to the sun ten days and ten nights: then cover them over for ve, and on the sixth day fraw o into vessels the gifts of joyful Dionysus. Hesiod, Works and Days (ll B.C.) When I sat down to write the dedication to this 2011 Edition, I re ected upon the reason why I chose to specialize in the law of DUI defense. Timing in uences almost everything. The year after I graduated from law school the Alabama legislature substantially changed our state DUI statute. In 1980 and again in 1983, Alabama s DUI law was altered more so than any other time in history. For the rst time, driver license suspensions and mandatory jail sentences came into play in the DUI context. I saw that practicing DUI defense law would a ord me an opportunity to practice criminal law in a context where, far more often than not, my client would not t the pro le of a criminal. As evidenced by the ancient wine recipe above, alcohol has been around for thousands of years. Alcoholic beverages have continued to be used proli cally throughout the world as a part of and as a catalyst for social interaction. Alcohol is utilized in almost every type of social event. Birthdays, weddings and holiday celebrations are but a few of the events where alcohol is served as a beverage of choice. This has been true throughout our country s history. From the vineyards of the early settlers in Virginia to the thousands of vineyards and breweries scattered throughout the United States today, the citizens of our land continue to experiment with methods of cultivating, crafting, blending, brewing, distilling and aging alcoholic beverages. For example, there are currently 35 wineries just in the state of Tennessee. The attempt to take alcohol away from the American public was adismalfailure.prohibitionoccurredonjanuary16,1919, xiii

14 Alabama DUI Handbook via the 18th Amendment of the United States Constitution and was repealed just twelve years later. Utah cast the last ballot necessary to repeal prohibition via the 21st Amendment on December 3, New Orleans greeted the repeal of prohibition with a twenty minute cannonade! The 18th Amendment remains the only U.S. Constitutional Amendment in history to have been repealed. Even during prohibition it was not made illegal to consume alcohol. If you had it, you could drink it. You just could not make it, sell it, or transport it. Bootleggers abounded, and rum-running became prevalent. One of the most famous rum-runners was William C. McCoy. He became well-known for not watering down his alcoholic beverages, so alcohol bought from him began to be referred to as the real McCoy! (Drink, a Cultural History of Alcohol, by Iain Gately, Gotham Books, 2008.) The reasons why I have continued practicing DUI Defense have varied through the years. I have been very lucky to have great people working with me as lawyers. George Flowers and Charles Younger have been with me for many years. Frank Ward has proven to be an invaluable addition to our law rm. From time to time something that I consider to be signi cant will happen that reminds me of why I practice within this specialty. Recently, I was in court waiting to try a case. While waiting I listened to a non-jury speeding case being tried pro se. I listened to the trial testimony, and, had I been wearing the robe, I would have found the young lady being tried not guilty. What was signi cant to me in this moment was what the judge said as he was nding the defendant guilty. He said, Ma am, I have found that when a party testi es, they stand to gain or lose by what they say, and whenever I have a police o cer testifying on one side and a party [defendant] on the other side, I always believe the police o cer. This reminded me of my position in this system of justice where you do have the police wearing a badge and a gun, with a patch that says to serve and protect on it and, on the other side, an ordinary citizen having been accused by that very same police o cer of committing the crime of driving under the in uence. The rst lawyers were actually Monks who would go to the King s Court and interpret and assist those who were accused of wrong-doing and who could not speak the King s English. I will continue my journey, now in its 32nd year, of going to court to speak for those who cannot speak for xiv

15 Foreword themselves, knowing that in some venues the blindfold of Lady Justice droops below one eye so that she (Justice) sees the badge and gun on one side and sees the accused citizen on the other. Justice not blinded is not just. Therefore, I press on representing citizens accused of driving under the in uence. This is my privilege. xv

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17 Chapter 1 The O ense 1:1 Alabama DUI law 1:2 Actual physical control 1:3 Vehicle de ned 1:4 Per se violation;.08% BAC or greater 1:5 Under the in uence of alcohol 1:6 Under the in uence of a controlled substance 1:7 Under the combined in uence of alcohol and a controlled substance 1:8 Under the in uence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving 1:9 Underage DUI 1:10 Underage over.02% BAC charge 1:11 Underage rst o ense BAC between.02 and.08% 1:12 Underage BAC over.08% 1:13 Underage multiple o ender 1:14 Underage no BAC/refusal 1:15 Youthful O ender Act 1:16 Illegal consumption 1:17 School bus or day care driver 1:18 Commercial vehicle 1:19 Statutory sentencing guidelines 1:20 Boating under the in uence 32-5A Appendix 1A. Appendix 1B. Research References West s Key Number Digest Automobiles 332 A Historical Perspective of Alabama's D.U.I. Laws Recent Legislation Amending Alabama DUI Law Westlaw Databases Drinking/Driving Litigation: Criminal and Civil (2d ed.) (DRNKDRIVING) 1

18 Alabama DUI Handbook Treatises and Practice Aids Nichols and Whited, Drinking/Driving Litigation: Criminal and Civil 2:5 (2d ed.) KeyCiteL: Cases and other legal materials listed in KeyCite Scope can be researched through the KeyCite service on WestlawL. UseKeyCiteto check citations for form, parallel references, prior and later history, and comprehensive citator information, including citations to other decisions and secondary materials. 1:1 Alabama DUI law Research References West's Key Number Digest, Automobiles 332 DUI laws in Alabama have for the most part followed the national trends in the passage of newer and tougher such laws over the past few decades. Prior to 1983, there was no enforceable mandatory driver's license suspension for rsttime DUI o enders. The DUI law in 1980 made a rst offender's driver's license suspension subject to the discretion of the court trying the case. Second or subsequent o enders were faced with a mandatory six months' revocation if convicted. The basic form of Alabama's present DUI law was rst passed in For the rst time in history, people were facing mandatory loss of driving privileges on rst DUI o ense convictions. Mandatory minimum jail sentences were imposed at that same time for second and subsequent convictions. The 1983 DUI law was passed as a result of the federal government's requirement that states must pass legislation in order to obtain highway funds. The feds said that in order for the states, including the State of Alabama, to obtain highway dollars from the federal government in copious amounts of grants, they must pass certain legislative enactments set out by Congress. Alabama, like the other 49 states, complied. Since 1983, Alabama's DUI law as found in the Alabama Code, A-191 has been amended 11 times, the most recent being 2006 (as of the time of this writing). The details of each of the amendments are discussed below. (See Appendix 1A). It should be noted that on June 9, 2011, Governor Bentley signed two bills into law that make major changes to Alabama's DUI law. The rst of these pieces of legislation (House Bill 361/Act No ) is an ignition interlock 2

19 The Offense 1:1 bill that will require people convicted of a second or subsequent DUI within a ve year period to have ignition interlock devices installed on their vehicles. The bill will further require ignition interlock devices for those convicted of a rstduiifthepersonconvictedblew.15%orgreater, refused to provide a blood alcohol concentration, had a passenger under the age of 14 years, or if someone other than the o ender was injured at the time of the o ense. It is this author s initial impression, having read the bill hot o the press, that it is riddled with ambiguous and con icting provisions. A copy of House Bill 361/Act No is attached in Appendix 1B. The second bill signed by Governor Bentley (Senate Bill 67/Act No ) provides for doubling the mandatory minimum punishment for a person convicted of DUI when that person had.15% or more by weight of alcohol in his blood. The new law also provides that for rst o enders with abacofatleast.15%,theminimumpunishmentshallbe imprisonment for one year, although the entire time may be suspended. Further, under the new law a rst time o ender who falls in the.15% or above category will have his license revoked for a period of not less than one year. A copy of Senate Bill 67/Act No is attached in Appendix 1B. Alabama's DUI law is found in Ala.Code A A-191. Driving while under in uence of alcohol, controlled substances, etc. (a) A person shall not drive or be in actual physical control of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her blood; (2) Under the in uence of alcohol; (3) Under the in uence of a controlled substance to a degree which renders him or her incapable of safely driving; (4) Under the combined in uence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or (5) Under the in uence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving. 3

20 1:1 Alabama DUI Handbook 4 (b) A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is.02 percentage or more by weight of alcohol in his or her blood. The Department of Public Safety shall suspend or revoke the driver's license of any person, including, but not limited to, a juvenile, child, or youthful o ender, convicted or adjudicated of, or subjected to a nding of delinquency based on this subsection. Notwithstanding the foregoing, upon the rst violation of this subsection by a person whose blood alcohol level is between.02 and.08, the person's driver's license or driving privilege shall be suspended for a period of 30 days in lieu of any penalties provided in subsection (e) of this section and there shall be no disclosure, other than to courts, law enforcement agencies, and the person's employer, by any entity or person of any information, documents, or records relating to the person's arrest, conviction, or adjudication of or nding of delinquency based on this subsection. All persons, except as otherwise provided in this subsection for a rst o ense, including, but not limited to, a juvenile, child, or youthful o ender, convicted or adjudicated of, or subjected to a nding of delinquency based on this subsection shall be ned pursuant to this section, notwithstanding any other law to the contrary, and the person shall also be required to attend and complete a DUI or substance abuse court referral program in accordance with subsection (i). (c) (1) A school bus or day care driver shall not drive or be in actual physical control of any vehicle while in performance of his or her duties if there is greater than.02 percentage by weight of alcohol in his or her blood. A person convicted pursuant to this subsection shall be subject to the penalties provided by this section except that on the rst conviction the Director of Public Safety shall suspend the driving privilege or driver's license for a period of one year. (2) A person shall not drive or be in actual physical control of a commercial motor vehicle as de ned in 49 CFR Part of the Federal Motor Carrier Safety Regulations as adopted pursuant to Section 32-9A-2, if there is.04 percentage or greater by weight of alcohol in his or her blood. Notwithstanding the other provisions of

21 The Offense 1:1 this section, the commercial driver's license or commercial driving privilege of a person convicted of violating this subdivision shall be suspended for the period provided in accordance with 49 CFR Part or 49 CFR Part , as applicable, and the person's regular driver's license or privilege to drive a regular motor vehicle shall be governed by the remainder of this section if the person is guilty of a violation of another provision of this section. (d) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a controlled substance shall not constitute a defense against any charge of violating this section. (e) Upon rst conviction, a person violating this section shall be punished by imprisonment in the county or municipal jail for not more than one year, or by ne of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or by both a ne and imprisonment. In addition, on a rst conviction, the Director of Public Safety shall suspend the driving privilege or driver's license of the person convicted for a period of 90 days. (f) On a second conviction within a ve-year period, a person convicted of violating this section shall be punished by a ne of not less than one thousand one hundred dollars ($1,100) nor more than ve thousand one hundred dollars ($5,100) and by imprisonment, which may include hard labor in the county or municipal jail for not more than one year. The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than ve days or community service for not less than 30 days. In addition the Director of Public Safety shall revoke the driving privileges or driver's license of the person convicted for a period of one year. (g) On a third conviction, a person convicted of violating this section shall be punished by a ne of not less than two thousand one hundred dollars ($2,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment, which may include hard labor, in the county or municipal jail for not less than 60 days nor more than one year, to include a minimum of 60 days which 5

22 1:1 Alabama DUI Handbook 6 shall be served in the county or municipal jail and cannot be probated or suspended. In addition, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of three years. (h) On a fourth or subsequent conviction, a person convicted of violating this section shall be guilty of a Class C felony and punished by a ne of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment of not less than one year and one day nor more than 10 years. Any term of imprisonment may include hard labor for the county or state, and where imprisonment does not exceed three years con nement may be in the county jail. Where imprisonment does not exceed one year and one day, con nement shall be in the county jail. The minimum sentence shall include a term of imprisonment for at least one year and one day, provided, however, that there shall be a minimum mandatory sentence of 10 days which shall be served in the county jail. The remainder of the sentence may be suspended or probated, but only if as a condition of probation the defendant enrolls and successfully completes a state certi ed chemical dependency program recommended by the court referral o cer and approved by the sentencing court. Where probation is granted, the sentencing court may, in its discretion, and where monitoring equipment is available, place the defendant on house arrest under electronic surveillance during the probationary term. In addition to the other penalties authorized, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of ve years. 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 o ender law. (i) In addition to the penalties provided herein, any person convicted of violating this section shall be referred to the court referral o cer for evaluation and referral to appropriate community resources. The defendant shall, at aminimum,berequiredtocompleteaduiorsubstance abuse court referral program approved by the Administrative O ce of Courts and operated in accordance with pro-

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