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Alabama DUI : Punishments
Years ago it was highly possible to appear in an Alabama court after being arrested for driving under the influence (DUI) and successfully have the charges lessened to reckless driving. However, the new focus that has swept the nation has impacted the court systems from Mobile to Huntsville. Prosecuting attorneys and judges alike are looking for ways to convict and punish people accused of drunk driving.
Average License Suspension
In Alabama people who have an active driver's license are said to have provided implied consent to agree to a chemical testing submitted by an officer in the event of a stop. The test can be via blood, breath or urine in order to determine the person's blood alcohol content (BAC) level. There are different levels of license suspension. People that refuse the test on the first arrest will lose their driving privileges for 90 days, for 1 year on their next refusal after arrest and for 3 years on their third refusal after arrest. That it is why it is so important to contact a qualified attorney as soon as possible, preferably in the county of the arrest. For instance, if the arrest occurred in Birmingham it would be wise to speak to a Jefferson County DUI attorney.
BAC levels
When a person is stopped under the suspicion of drunken driving they are placed into one of three types of driving categories. A commercial driver is not allowed to have a BAC above .04. Drivers under the age of 21 cannot have a blood alcohol content above .02. All other drivers must have a BAC below .08.
Impounding of Vehicle
Once arrested for either having a BAC of .08 and higher, or for refusing the test, the person's vehicle will be impounded. The costs for towing and having the car released from the impound facility are paid by the defendant.
Jail Time, Court Costs and Other Punishments
In the more populated areas of the state such as Montgomery and Mobile, prosecutors have lobbied for tougher laws with the state legislature. Currently, there is a tiered approach to the jail time and fees associated with each DUI offense.
- First DUI arrest and conviction – Alabama laws considers the first offense as a misdemeanor. The jail time can be as long as one full year with fines ranging from a low of $600 to a high of $2,100. In addition, the defendant must complete a substance abuse program and a DUI school approved by the court.
- Second DUI – If a person is arrested for a second DUI within 5 years of the first arrest the penalties go up. The mandatory jail time is a minimum of 5 days and up to a maximum of one year while the fines are from $1,100 to $5,100. There is also a requirement to complete a substance abuse program and a DUI school. It is possible in some areas to complete community service for 30 days instead of the minimum jail time. Contacting a Mobile DUI attorney or a Montgomery DUI attorney, if the arrest occurred in one of those counties, would help the chances of getting community service versus the imprisonment.
- Third DUI – For the third DUI arrest within a person's lifetime, the penalties escalate again. (Note that the 5 year period is ignored for the third and subsequent DUI offenses) The minimum jail time is 60 days and may last a year. The fines range from $2,100 to $10,100 and the person must complete a substance abuse program and a DUI school. In addition, the license is revoked for a minimum of 3 years.
- Fourth DUI – The fourth DUI, and beyond, in a person's life is classified by Alabama law as a Class C felony. The defendant shall go to jail for one year and a day. The prison sentence may last up to a maximum of 10 years. In addition the person will be asked to pay fines totaling $4,100 up to $10,100 dollars depending on the circumstances of the case. Like the other offenses, the person will need to complete a substance abuse program and a DUI school.