Alabama DUI Penalties

Secondly, a person may receive a DUI if they happen to violate the state’s “per se” law. This law states that an individual with a blood alcohol content (BAC) of or above .08 percent can be arrested, even if the person does not appear to be physically or mentally impaired.

Furthermore, the state of Alabama follows the concept of “actual physical control” which means that an intoxicated driver may be subjugated to arrest even if the vehicle they are occupying is not running or moving. In addition, there are severe consequences if a person is to refuse a police test of their BAC, which can result in a 90-day suspension of that person’s license and/or criminal charges being pressed against them.

1st offense

A first time conviction is considered to be a misdemeanor. A defendant may receive penalties such as a sentence of up to 365 days in jail and/or a fine of $600 up to $2,100. The defendant will also have to attend a court approved substance abuse program as well as have his or her driver’s license suspended for 90 days.

However, a key concept under Alabama’s DUI law is the concept known as the “look back period”. In other words, if a person receives a DUI on a particular date, and five years or longer after that date that individual is arrested for another DWI receives another citation, that person’s latter charge would be treated as a first time offense. However, if said person receives a second DUI prior to five years after receiving the first charge, it will be treated as a second time offense.

2nd or 3rd offense

A second or third time offense is still considered to be a misdemeanor, and will result in penalties ranging from extended prison time and/or fines. Both offenses will result in an incarceration of up to 365 days. The fines and penalties can also range drastically, as a second time offender may receive a fine of up to $5,000 and a suspension of driving privileges for a year, and a third time offense may result in a fine of up $10,000 and a suspension of three years. However, both offenses will result in the need to enter a court ordered substance abuse program.

Fourth offense

A fourth offense is considered a class C felony and a defendant can receive a sentence of up to ten years in jail, a fine of up to $10,000, as well as the suspension of driving privileges for five years.

A DWI charge in the state of Alabama is a serious issue that carries with it a multitude of severe penalties. However, a skilled attorney can aid a defendant in retaining their driving privileges and allow for lesser penalties, therefore making it absolutely necessary to contact a Alabama DUI lawyer immediately.