PermitoAlabama: what the handbook says and what the law says
A handbook is written to teach, and laws change. Below are places where the Alabama handbook (Alabama Driver License Manual (ALEA), November 2024 edition) and the current law do not say the same thing. This is not a criticism of the agency: the handbook is a good study guide, and the test may follow it. Know both.
Phones and distraction
The handbook says
The "Texting While Driving" section describes a ban on writing, sending or reading texts: "The fine for violating the law is $25 for a first-time offense," then $50 and $75, plus two points. A separate hands-free box on p. 16 describes the newer rules. (Cellular Phone/Texting Usage, p. 32 (hands-free box, p. 16))
The law says
Section 32-5A-350, the older texting law with $25, $50 and $75 fines, was repealed by Act 2023-478 effective June 14, 2023. Its replacement, section 32-5A-350.1, bars holding a phone, texting, watching video and similar uses while driving, but only when the driver is seen crossing lanes without a signal, swerving or otherwise driving badly. Fines are up to $50, $100 and $150 for the first, second and third conviction within 24 months. For the first 12 months, officers could only give written warnings. (Code of Alabama 1975 32-5A-350.1). In effect since June 14, 2023.
What to do on the test
Know both. If a question gives $25, $50 and $75, it follows the older text on p. 32. The hands-free box on p. 16 and the current law use $50, $100 and $150. On the road, do not hold your phone.
Alcohol and drugs (1)
The handbook says
The Implied Consent section says drivers are deemed to consent to a chemical test "of his blood, breath, or urine" to measure blood alcohol content. (Implied Consent Law, p. 34)
The law says
Section 32-5-192(a)(1) covers a chemical test of the driver's "blood, breath, or oral fluid" for any impairing substance, after a lawful arrest for DUI. Urine is not listed. Act 2021-498 made the change effective August 1, 2021. Refusing a test means a suspension of at least 90 days. (Code of Alabama 1975 32-5-192). In effect since August 1, 2021.
What to do on the test
Know both. A question may list blood, breath or urine, as the manual does. The current law lists blood, breath or oral fluid.
Alcohol and drugs (2)
The handbook says
For a second DUI conviction the manual says: "A mandatory 48 hours jail or 20 days community service" and a one-year license revocation. (Driving While Under the Influence, p. 33)
The law says
Section 32-5A-191(f) sets a fine of $1,100 to $5,100 and up to one year in jail for a second conviction. The mandatory part, which cannot be suspended or probated, is at least five days in jail or at least 30 days of community service. The license is revoked for one year, and an ignition interlock is required for two years. (Code of Alabama 1975 32-5A-191(f)).
What to do on the test
Know both. For the test, use the manual's 48 hours or 20 days. For what a court must impose, the law says five days or 30 days.
Permits and graduated licensing
The handbook says
The notice to 15, 16 and 17 year old drivers says breaking the license restrictions carries no criminal penalties or court costs, and "No points will be assessed for violation of the above restrictions." (Attention 15, 16 & 17 Year Old Drivers, p. 84)
The law says
Section 32-6-7.2(h) says a Stage II driver who breaks the restrictions commits a traffic violation. A first offense means defensive driving school. A second offense suspends the Stage II license and sends the driver back to a learner's permit for six months. The fine is $150 to $350 plus court costs, and the conviction is entered as a two-point violation. (Code of Alabama 1975 32-6-7.2(h)).
What to do on the test
Know both. A question about the notice may expect no points. The law adds a fine and two points, so treat the restrictions as enforceable.
Know both
On the test, the answer may follow the handbook. On the road, the law applies. Learn what the handbook says and what the law says.
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