Alabama DUI FAQs

1. Q: Can I go to jail if convicted of DUI?
   
   A: YES!! A first conviction has a range of incarceration from 0-365 days. A second conviction (within 5 years of the first) has a range of incarceration from mandatory minimum 5 days up to 365 days. A third conviction in a lifetime has a minimum incarceration of 60 days up to 365 days. A fourth or subsequent DUI conviction is a felony with a range of incarceration of 1 year and 1 day up to 10 years in prison with a minimum 10 days served.
2. Q: Will I loose my driver license if convicted of DUI?
   
   A: YES!! For first conviction 90 days, second conviction (within 5 years of first) 1 year, third conviction 3 years, fourth or subsequent 5 years.
3. Q: Can out of state DUI convictions be used for sentence enhancement in Alabama?
   
   A: YES!! In April of 2006 Governor Riley signed into law legislation that allows out of state DUI convictions to be used for sentence enhancement purposes in Alabama.
4. Q: Don’t DUI convictions not count after 5 years?
   
   A: YES & NO!! DUI convictions stay on your criminal history for a lifetime. Alabama counts DUI convictions over a lifetime for sentence enhancement purposes with the one exception being if your second DUI conviction is more than 5 years from your first DUI conviction the second can be treated as a first conviction for penalty purposes; though, it does go on your record so as to count later to sentence enhance you.
   
   Note: a recent amendment of 32-5A-191 by the Alabama Legislature may effect the above question--please contact our office for details
5. Q: If I am convicted of DUI I can have my record expunged, right?
   
   A: WRONG!! There is no provision in Alabama that allows for the expungement of criminal records. If you are convicted of DUI in Alabama, it is on your record for the rest of your life, with few exceptions. The only exceptions are if the court grants you Youthful Offender status and or your case is heard in juvenile court. In both of these cases your record is sealed and the conviction can not be later used for sentence enhancement.
6. Q: Every lawyer knows how to handle DUI cases, right?
   
   A: WRONG!! # Would you go to your family doctor if you needed to have a brain operation? NO! You would go to a doctor that specializes in that field. The same is true for lawyers. Some lawyers practice nothing but criminal defense. Other lawyers take on personal injury cases. etc.
7. Q: There is no way to win a DUI case, you might as well plead guilty?
   
   A: WRONG!! In America you are presumed innocent until proven guilty beyond a reasonable doubt. Many people forget this cornerstone of the American Justice System. Don’t assume your case is hopeless until it has been evaluated by a lawyer immersed in the subject matter of DUI defense. Look at our successful case examples on this website. You might be surprised at the cases we have won.
8. Q: I can get a hardship driver license if my license is suspended for a DUI conviction in Alabama?
   
   A: NO!! Alabama has no provision for hardship driver permits. Though, your driving privilege may be saved through other ways.

If you have any questions or concerns not addressed above, please feel free to contact the attorneys of Polson & Polson for answers.