1. (1) With respect to a person’s chemical use, the review boards when making recommendations, and the department when taking licensing action, may consider all information available on the degree of the person’s chemical use.

2. (2) The department may require information on a person’s functional ability including, but not limited to, the following:

   1. (a) Medical assessment of the person or any combination of the following:

      1. 1. Hospitalization of the person for chemical abuse or dependency.
      2. 2. Outpatient treatment of the person for chemical abuse or dependency.
      3. 3. Participation by the person in self-help groups for chemical abuse or dependency.
      4. 4. Use of control agents, such as antabuse or methadone by the person.
      5. 5. Physician treatment of the person for chemical abuse or dependency.

   2. (b) The results of an interview by a department representative documenting the effects of chemical use on a person’s social or economic functioning in terms of any of the following:

      1. 1. The person’s physical condition.
      2. 2. The person’s family situation.
      3. 3. The person’s social environment.
      4. 4. The person’s chemical use habits.

   3. (c) The person’s driving record, including reports of any of the following:

      1. 1. Accidents involving chemical use.
      2. 2. Traffic convictions involving chemical use.
   4. (d) Review board recommendations, if any.

   5. (e) Information from other sources about the person’s physical and mental health, as affected by chemical use, and any medical problems that may interfere with the person’s reasonable and ordinary control over a motor vehicle.

      (3)(a) A conviction for operating while intoxicated in this section means being convicted of a violation of §32-5A-19, Code of Ala. 1975, or a local ordinance in conformity therewith, or convictions under the law of another jurisdiction that is in substantial conformity with 49 CFR 383.51 (b) (2) (i) or (ii), or both, or that prohibits refusal of chemical testing or use of a motor vehicle while intoxicated or while under the influence of a controlled substance, or a combination thereof, or with an excess of a specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving as those or substantially similar terms are used in that jurisdiction, refusal under §32-5A-194, or revocations under §32-5A-195, Code of Ala. 1975.

   6. (b) No person may hold an of operator’s license if the person is diagnosed as suffering from uncontrolled chemical abuse or dependency, as assessed by a physician or treatment facility.

Author: Lieutenant F. A. Bingham

Statutory Authority: Code of Ala. 1975, §§32-2-9, 32-6-13, as amended.

History: New Rule: Filed March 12, 1996; effective April 16, 1996.