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.
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 he will have his driver's privilege suspended for 90 days.
Alabama’s "look-back" period or wash out period for DUI laws is 5 years. This means that if a person has only one prior DUI, and the day that he is convicted of his second DUI is more than 5 years after the date of conviction for his first DUI, he will be sentenced within the range of punishment as a first offender. However, if the second DUI conviction is within 5 years of the first conviction he will be punished as a second offense.
A second DUI within 5 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 license will be suspended for 1 year, and he will be required to attend a court ordered treatment program.
The fourth DUI, 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 will be fined between $4,100 and $10,100 dollars, and have his driver's license suspended for 5 years. The accused will also be required to attend a court approved substance program.
Other DUI penalties include an ignition interlock device, which is a breath-testing machine attached to the steering wheel of your car, and 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
