DUI’s in Alabama

Call Aaron Law Firm @ (205) 685-8383

Being charged with Driving Under the Influence (DUI) in Alabama is a very serious matter.  It carries with it the possibility of jail time and heavy fines.  If you have prior DUI’s in Alabama, it may care a mandatory prison sentence.  45 days after you have been arrested for DUI the Department of Public Safety will suspend your license, unless you request a review of the suspension within 10 days of being arrested. And there is no waiver or exceptions to the driver license’s suspension.  It is important you call a lawyer right away so that your rights are protected.  Call Aaron Law Firm at (205) 685-8383.

The law has changed in the last few years, increasing fines, suspensions of driver’s license and added the requirement of interlocking devices on vehicles.  If a person blows a .15 or greater on the Draeger (breathalyzer) test the minimum for the fines and suspensions are doubled. With a .15, 1st time DUI’s require a suspension of driving privilege or driver’s license for a year.

1st DUI
Upon first 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 fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or by both a fine and imprisonment. In addition, on a first 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.  If, on a first conviction, any person refusing to provide a blood alcohol concentration or if a child under the age of 14 years was present in the vehicle at the time of the offense or if someone else besides the offender was injured at the time of the offense, the Director of the Department of Public Safety shall suspend the driving privilege or driver’s license of the person convicted for a period of 90 days and the person 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.

2nd DUI
Upon a second conviction of a DUI offense in Alabama or another state, within a five-year period, a person convicted of violating this section shall be punished by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five 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 five 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. The person 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.

3rd DUI
On a third conviction, a person convicted of violating this section shall be punished by a fine 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 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. The person 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.

4th DUI
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 fine 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 confinement may be in the county jail. Where imprisonment does not exceed one year and one day, confinement 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 certified chemical dependency program recommended by the court referral officer 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 five years.

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