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Alabama DUI Law and Penalties

Alabama DUI penalties have increased dramatically over the years. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on the number of prior DUI or drunk driving convictions.

First Alabama DUI Conviction

Imprisonment – Up to 1 Year or Fine – From $600 to $2,100 or Both
License Suspension – 90 Days

The first DUI conviction in a person's lifetime is a misdemeanor. Upon conviction, the defendant may be given a sentence of up to 365 days in the county or municipal jail and a fine between $600 and $2,100. The DUI defendant will also be ordered to attend a court-approved substance abuse program and will have his or her driver's license suspended for 90 days.

Alabama’s "look-back" period for DUI laws is five years. This means that if a person has only one prior DUI, and the day that he or she is convicted of the second DUI is more than five years after the date of conviction for the first DUI, he or she will be sentenced within the range of punishment as a first offender. However, if the second DUI conviction is within five years of the first conviction, he or she will be punished as a second-time offender.

Second Alabama DUI Conviction

Imprisonment – Up to 1 Year Jail – Mandatory Minimum of 5 Days or Community Service – Minimum of 30 Days
Fine – From $1,100 up to $5,100
License Suspension – 1 Year

A second DUI within five years of the first is a misdemeanor with a jail term of no less than five days and up to 365 days in the county or municipal jail. A court may allow a defendant to perform 30 days of community service in lieu of the required five days imprisonment. On a second conviction, the accused will be fined between $1,100 and $5,100, his or her license will be suspended for 1 year, and he or she will be required to attend a court-ordered treatment program.

Third Alabama DUI Conviction

Imprisonment – From 60 Days to 1 Year Jail – Mandatory 60 Days
Fine - $2,100 - $10,000
License Suspension – 3 Years

A third DUI conviction within a person's lifetime is also a misdemeanor. Upon conviction, the accused will be sentenced to no less than 60 days and no more than 1 year in the county or municipal jail. He or she shall be fined between $2,100 and $10,100, have his or her  license suspended for 3 years and shall be required to complete a court-ordered alcohol treatment program.

Fourth Alabama DUI Conviction

Class “C” Felony Imprisonment – From 1 Year to 10 Years, Jail – Mandatory 1 Year and 1 Day
Fine - $4,100 - $10,100
Complete State Certified Chemical Dependency Program License Suspension – 5 Years

The fourth, or subsequent, DUI is a Class C felony. A person convicted of felony DUI will be sentenced to no less than one year and one day and no more than 10 years imprisonment. He or she will be fined between $4,100 and $10,100 dollars, and have his or her driver's license suspended for five years. The accused will also be required to attend a court-approved substance program.

Other DUI penalties include the installation of an ignition interlock device, which is a breath-test machine attached to the steering wheel of your car that prevents it from being started or driven when there is any measurable amount of alcohol in your body.

If you or someone you care about has been arrested for Alabama DUI, please contact a lawyer at once. You may contact a qualified local Alabama DUI defense lawyer, Polson & Polson P.C. for free Alabama DUI consultation.

*All convicted DUI offenders are required to complete a DUI or substance abuse court referral program

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