Alabama DUI Penalties

In Alabama, it is illegal to drive while under the influence of drugs and/or alcohol. There are two ways in which a prosecutor can argue your guilt. One way is if the driver has a per se violation. This means that the driver had a blood alcohol content (BAC) over the legal limit, which is .08 percent in this state.

The other way a person could be found guilty is if the prosecutor can prove that the driver’s ability to operate a motor vehicle was impaired by intoxicants. This can be proven even without a breath test.

DUI penalties in Alabama have been dramatically increasing over the years. The offense may be considered a misdemeanor or felony, depending on whether or not the driver has been convicted of drunk-driving in the past.

A first-time DUI offense is a misdemeanor. If the driver is convicted, he or she may be sentenced to up to 365 days in jail, fines ranging from $600 to $2,100, and a driver’s license suspension for 90 days. He or she may also be ordered to attend a substance abuse program.

It is important to note that Alabama’s look back period for DUI is 5 years. This means that if a person was convicted of DUI more than five years ago, and then was arrested again, he or she will be sentenced as a first-time offender.

If this is a driver’s second offense within five years, he or she will face a jail term of no less than 5 days and no more than 365 days. The judge may allow the defendant to perform 30 days of community service instead of the mandatory 5 days in jail. The defendant will also be ordered to pay fines ranging from $1,100 to $5,100, and his or her license will be suspended for 1 year.

The penalties keep getting serious for each DUI conviction. A fourth DUI is a Class C felony in Alabama. A driver convicted of this faces no less than 1 year and 1 day in jail, and no more than 10 years.

Another penalty for DUI is having an ignition interlock device installed in your vehicle. This device measures your BAC before the car will start.

If you would like to fight the charges against you and possibly avoid these harsh penalties, please submit your case online. An experienced DUI defense attorney in Alabama will contact you to discuss your defense.