Alabama DUI Laws have been changed to Increase Punishment and the Loss of Driver’s License
Like most states and their DUI-DWI laws, the minimum DUI penalties in Alabama for a conviction have increased dramatically over the last two decades. Alabama DUI laws control the sentence received by drivers of motor vehicles convicted of an Alabama DUI conviction, which will include criminal penalties (e.g., jail time, being fined, put on probation with a prohibition of using alcohol, suspension or revocation of driver’s license, an additional “tax” or surcharge is also added of $100 for the Impaired Drivers Trust Fund in Alabama (which funds a pool of money to defray costs of victims of drunk drivers) and legal requirements to multiple days of community service. So, trying to comprehend DUI Law Alabama is more difficult in 2018 than ever in history.
Only Alabama DUI Youthful Offender Laws permit Waiver or Non-Imposition of Punishment
With an exception for Youthful Offender Alabama DUI laws, these minimum, mandatory Alabama Code provisions cannot be waived (omitted) or not be imposed as part of the punishment imposed by the sentencing judge. Similarly, the Alabama Legislature has enacted laws that block any DUI court judge from restoring driving privileges, in “special cases.” This keeps anyone from getting special treatment, based on who they know. The Alabama Department of Public Safety (Alabama DPS) will not do it, because strict, mandatory DUI laws in Alabama prohibit “skirting the law” in Alabama. The solution is simple: Hire a DUI lawyer in Alabama who knows how to AVOID a conviction for an Alabama DUI.
Driver’s License Implications are a Primary Concern for Citizens Facing an Alabama DUI
Therefore, by operation of law upon conviction of drunk driving, that person’s driver’s license will be suspended at Alabama DPS. Depending on whether the driver is 21 years of age or older, Alabama license suspensions of varying lengths will be imposed. (as determined by the driver having his or her DUI first offense, second offense DUI, 3rd DUI in Alabama, etc.) will be imposed. Also, another fairly recent addition to DUI laws in Alabama are enhanced ignition interlock provisions that are mandated for early reinstatement of limited driving privileges, after a DUI license suspension or revocation. The cost of installation, monitoring and removal is shifted to the person convicted of a DUI in Alabama, and can be $1400 to $2100 per year.
How Mandatory Ignition Interlock Devices became part of Alabama DUI Laws (and other states)
Repeat offenses increase Alabama DUI penalties, too. By way of example, in the last decade, a national campaign by MADD has been waged for all states to pass court ordered, mandatory ignition interlock devices, for that repeat offender to be allowed early reinstatement of driving privileges after an Alabama DUI. MADD pushed for mandatory ignition interlock on all cars.
Adjacent states Tennessee and Mississippi have drastically altered their laws, in response to this push by MADD, with Tennessee now imposing a FULL YEAR or mandatory ignition interlock, for a first offense DUI in that state. Mississippi has made the use of ignition interlock devices so attractive that most drivers facing a first DUI offense take the special DUI expungement option of installing the interlock device for a full year, and (upon successful completion) the criminal record will be restricted, so that the person has no DUI conviction.
Georgia offers a path for early driver license reinstatement, after a 2nd DUI in GA, after the first 120 days, or the person must wait for 3 full years to drive again. Plus, in July of 2017, a Georgia driver arrested for DUI in that state, and facing a 12-month administrative license suspension for an implied consent “refusal to be tested,” is now able to opt for a full 12-month ignition interlock limited driving permit.
Do you lose your driver’s license after a DUI in Alabama? Administrative and Criminal Suspension Issues
Because Alabama DUI license suspension consequences are so punitive, the most common objective of clients with Alabama DUI charges who ultimately hire our DUI Law Firm is to “save my license.” One of our more common questions is, “Does your license get suspended after a DUI?” The answer to that question from the Polson Law Firm is “YES,” if the criminal drunk driving charge that you get sentenced upon is for driving under the influence in Alabama.
However, our DUI lawyers can’t simply talk about what happens after a DUI Alabama conviction, because Alabama implied consent law provides for administrative license revocation, if the arrested person fails to file an Alabama DPS appeal within 10 days after arrest for drunken driving in Alabama. This means that BEFORE the criminal case ever gets resolved, driver’s license suspension for DUI refusal to test, can be imposed. These administrative license laws pertain to implied consent laws that mandate that when a driver refuses to take a post-arrest “chemical test” of his or her blood, breath or urine (as designated by the arresting officer) license revocation will occur.
Because both Birmingham DUI Lawyer Mark Polson and his son, Whitney, are fully versed on all aspects of Alabama DUI law, they can help minimize loss of driving privileges in the overwhelming majority of an Alabama DUI first offense clients. Plus, our DUI attorneys can also help a substantial number of the citizens in Alabama who are facing a 2nd offense DUI. Unlike the neighboring state of Georgia, for conviction under DUI Alabama laws, statutes in Alabama do not provide for a DUI restricted license, to allow for traveling to and from work. No such DUI license or “work permit” is available in Alabama, but a person can get reinstated after 90 days of suspension.
like every other state, increase minimum punishment when the offense currently being accused is a 2nd DUI in AL, a 3rd DUI offense or the person’s fourth or subsequent driving under the influence conviction. The gap of time that passes between Alabama DUI offenses also controls driver’s license suspension or revocation issues, if convicted.
How the Right Alabama DUI Attorney can make a Difference
Alabama DUI laws control both the minimum mandatory sentencing, plus the range of sentencing options that the Judge has in the case. This is where Birmingham DUI lawyer Mark Polson and his son, Whitney Polson, are able to make a huge difference in some cases. Decades of DUI defense lawyer experience and thousands of DUI Alabama cases helps the expert Birmingham DUI attorneys find solutions that other Alabama attorneys are not even aware may be available. Part of the duty of the Birmingham Alabama lawyers at our DUI law firm is to assist and guide this entire process for you. To relieve your stress level, think of SHIFTING this burden off your shoulders and onto ours. THIS IS WHAT WE DO!
When you only have one chance to win your Alabama DUI, hire experienced, reputable DUI lawyers
Office Phone: (205) 871-8838
Polson & Polson, P.C.
2824 Central Avenue #150
Birmingham, AL 35209
An Alabama DUI attorney from Polson Law Firm can come to your location, anywhere in Alabama, if necessary, after a serious auto accident. Causing a death while DUI is a highly serious crime, under Alabama criminal laws. For criminal cases, the lawyer consultation is FREE, so why not call us NOW, 24 hours a day. We open our doors and get on the phone call ASAP, because time is of the essence. In criminal defense.
Because our Super lawyers rated Birmingham DUI lawyers fight Alabama DUI charges across the entire State of Alabama, there is no excuse for you missing the filing deadline of 10 days, for your administrative license revocation appeal. The 10-day deadline cannot be extended. as well as other misdemeanor or felony criminal offenses.
If arrested for an Alabama DUI, CALL OUR DUI LAW FIRM now at our Birmingham DUI lawyer office. 205-871-8838.
If out of state, you can also call our DUI attorneys at our office toll free at 1-844-7POLSON [1-844-776-5766].
ON WEEKENDS or AFTER BUSINESS HOURS, try our 24-hour Lawyers at (205) 222-4544.
We Can Come to You, because we Fight Criminal Charges Anywhere in Alabama.