DUI Offenders  DUI Consequences  DUI Laws

Alabama DUI Laws

Alabama DUI Laws, like all US states are strict when it comes to implementing the rules in drunk driving. In Alabama, there are two instances where you can be detained for driving under influence. The first instance is if you are under the influence of alcohol or drugs.

The second instance is when your blood alcohol concentration exceeds the 0.08% threshold set by law. The state is much stricter than most states because you don’t have to be driving the vehicle to be arrested, as long as you are in control of any kind of vehicle, regardless if the vehicle is stationary, you can be charged with DUI.

Once you are arrested for a DUI offense, two cases will be filed against you: one, a criminal case and the second, a Department of Public Safety driver’s license case. The Alabama DUI laws only allow 10 days for your attorney to appeal for a hearing from the Department of Public Safety of Alabama to salvage your driver’s license.

Furthermore, you will also be requested to take either a blood, urine, or breath test to check the alcohol content within your system. Failure to submit to the said exam will result to the revocation of your driver’s license for no less than 90 days. There will be no chances given for a restricted license during this period and the prosecutor will use this refusal to take the test against you in the criminal case filed.

If you are convicted of DUI the following sanctions will be imposed:

  1. First DUI conviction – imprisonment of up to 1 year, fines from $600 to $1,200, or both sanctions;
  2. Second DUI conviction – imprisonment of up to 1 year, with mandatory minimum jail time of 5 days, or community service of 30 days minimum; fines from $1,100 to $5,100;
  3. Third DUI conviction – imprisonment of 60 days to 1 year, with mandatory jail time of 60 days; fines from $2,100 to $10,000;
  4. Fourth DUI conviction – considered as Class C felony and subject to 1–10 years imprisonment with mandatory jail time of 1 year and 1 day; fines from $4,100 to $10,100. The convicted individual will undergo a complete state certified chemical dependency program.

Aside from this sanctions your driver’s license will also be suspended based on the number of offense you have committed.

  • First offense – 60-day license suspension
  • Second offense – 1-year license suspension
  • Third offense – 3-year license suspension
  • Fourth offense – 5-year license suspension

The washout period of Alabama DUI Law is set at 5 years. Simply put, if an individual is convicted of a prior DUI, then the time in which he is convicted for a second DUI is greater than 5 years from the date of his first DUI conviction, the sanctions imposed will be that of a first offender. However, if he has committed a second DUI within the 5-year period of his first DUI conviction, then his sanctions will that of a second offender.