Alabama DUI: Enhanced Penalties for a Super DUI in Alabama

By: Whitney Polson and Zander Carrie, Top-Rated DUI Lawyers Near Me in Alabama

A “super DUI” in Alabama refers to an aggravated DUI charge where a driver’s blood alcohol concentration (BAC) measures 0.15% or higher—nearly double the legal limit of 0.08%. This enhanced charge was established under Alabama Act 2011-621, commonly called the “Super DUI Law,” which Alabama Governor Robert Bentley signed on June 9, 2011. The new statute took effect September 1, 2011.

The super DUI law significantly increases penalties compared to standard first-offense DUI charges. Because of the life-altering potential punishments for such offenses, our lawyers travel STATEWIDE to defend these cases.

Under this statute, defendants with a BAC of 0.15% or greater face at least double the minimum punishment for their offense. As with all DUI arrests in Alabama, you only have 10 days to file an Administrative License Suspension appeal letter.

First Offense Super DUI Penalties

• Jail Time: Minimum one-year imprisonment, though the sentencing court is allowed authority to suspend the entire sentence. This is where a top-rated DUI attorney Alabama can help.
• Fines: $1,200 to $4,200 (this more than Super DUI doubles from the standard DUI fine “range” of $600 to $2,100 range)
• License Suspension: One full year, rather than the standard 90-day suspension for adult age drivers
• Ignition Interlock Device: Mandatory installation for two years after the offender’s license reinstatement is possible following the one-year total suspension

By comparison, a standard first offense DUI with a BAC below 0.15% carries up to one year in jail (with no mandatory minimum), fines of $600 to $2,100, a 90-day license suspension, and a six-month ignition interlock requirement.

The Legislative Purpose of Super DUI Laws in Alabama

Alabama became the 50th state to require ignition interlock devices for aggravated DUI convictions when the law took full effect in September 2012. The legislation was designed to make Alabama eligible for additional federal highway funding by imposing life-altering punishment on the most dangerous impaired drivers on the State’ of Alabama’s roadways.

The super DUI law reflects Alabama’s increasingly strict stance on drunk driving, recognizing that drivers with extremely high BAC levels present significantly greater dangers to public safety than those closer to the legal limit.

Other Traffic Laws for Which Aggravating Circumstances Will Boost DUI Penalties

Beyond having a “too-high” BAC, DUI laws in Alabama consider how several other aggravating factors in your case (which, if applicable) will enhance DUI penalties, but only if convicted of these crimes:

• Minor passenger in the vehicle: Having a child 14 years old or younger in the vehicle also can result in double the minimum penalties and a two-year ignition interlock requirement
• Test refusal: Refusing to submit to the post-arrest chemical breath alcohol test (or a blood test, when drugs are the suspected impairing substance) triggers enhanced penalties like those imposed on any super DUI conviction
• Causing injury: DUI resulting in serious bodily injury will be prosecuted as first-degree assault, a Class B felony carrying up to 20 years in prison
• Causing death: DUI resulting in a fatality constitutes vehicular manslaughter, also a Class B felony with the same potential penalties set forth in the pervious segment

Those Who Reoffend: What Penalties Apply if One or More Super DUI Offenses Occur?

The penalties escalate dramatically for repeat super DUI convictions within Alabama’s 10-year “lookback period”:

• Second Super DUI (within five years): Serving a minimum of 10 days in jail or having to perform 60 days of community service;
• Boosted Fines: Having to pay fines of $2,200 to $10,200;
• Loss of the ability to drive: A full one-year license suspension will be enforced, and then the offender has to pay for and endure a four-year ignition interlock requirement on the vehicle that you drive, which can cost between $6,000 to $10,000.
• Third Super DUI (within five years): Serving jail time of a minimum of 120 days to one full year behind bars
• Boosted Fines: Having to pay criminal court fines of between $4,100 to $20,200, a three-year license suspension, and up to a six-year mandatory ignition interlock device if that driver seeks to later reinstate her or his license.

For What Reason Are You Not Calling, Since the Alabama Legal Advice is FREE?

Trying to defend yourself in a DUI case is beyond foolhardy. Because the first 10 days after arrest are CRUCIAL, call as soon after arrest as possible, to PROTECT YOUR RIGHT TO KEEP DRIVING. Our main phone number is 205-871-8838. On weekends and after normal business hours dial (205) 401-3171, because these cases are time-sensitive emergencies.

We offer free legal advice on ARRESTS anywhere in the State of Alabama. In this FREE lawyer consultation, we are happy to discuss our payment plan options. Make the call and one of our friendly and understanding staff members will get just a little bit of information about you and your case. One of our top DUI lawyers will call you back the same day. We wish we could answer every call personally but we are in court most of the day. We would love to talk to you!