Alabama DUI Arrest
The Basic Categories of Punishment for DUI convictions in Alabama
There are four basic categories of punishment for driving under the influence of alcohol (DUI) in Alabama, determined primaily by the DUI conviction history of the driver
In the United States, driving under the influence of alcohol (DUI) is not merely a traffic offense, but is considered a crime. In some states, the charge is also known as driving while intoxicated (DWI). The individual states are responsible for enacting and enforcing their own DUI laws, and there are differences in how drunk drivers are punished in each state. This article reviews the punishment for a DUI arrest and conviction in Alabama.
Alabama DUI law provides four basic categories of punishment, depending on the DUI conviction history of the driver. For a first DUI, the minimum fine is $600 ($750 in many city courts) up to a maximum of $2,100, and suspension of the defendant’s drivers license for 90 days. Although there is no minimum mandatory jail sentence, the law allows the judge to sentence the defendant to as much as one year in jail.
For a second DUI conviction within a five-year period, the fine ranges from $1,100 to $5,100, and the defendant’s driving privileges will be revoked for one year. The defendant can receive as much as a year in jail, and there is a mandatory minimum sentence of serving five days in jail or performing 30 days of community service.
Upon reaching a third DUI conviction, the consequences become more severe. A person convicted of a third DUI faces a fine between $2,100 and $10,100, and revocation of all driving privileges for three years. The maximum jail sentence is still one year, but there is a minimum sentence of sixty days in jail.
Conviction for the fourth DUI in five years elevates the offense to the most serious level. While the first three DUI convictions are misdemeanors, the fourth DUI is a felony offense. A person convicted of a fourth DUI offense faces fines ranging from $4,100 to $10,100, and a sentence of up to ten years in prison. As a convicted felon, the defendant could no longer own a gun, would lose the right to vote if he or she is a US citizen, and could face deportation if he or she is a citizen of another country.
All people convicted of DUI are ordered to report to the Court Referral Officer (CRO) to complete a substance abuse program. The specific program depends on the defendant’s arrest history and the severity of the driver’s problem with alcohol.
In certain cases, the defendant may be able to enter a pretrial diversion program to keep the offense off of his or her record, but this option is usually only available on a first DUI offense for those who have no other criminal history. In this type of program, the court withholds adjudication of the case and allows the defendant to attend substance abuse classes for a period of time. If the defendant completes the course requirements and does not get arrested again during that time period, then the charge is dismissed without a conviction.
Many people automatically assume that they have no defense to their DUI charge, when in fact there are often many defenses available to them. The various defenses which can be pursued are beyond the scope of this article, but an experienced attorney can evaluate the situation and provide advice as to whether the defendant has a winnable case. DUI law is far more complex than just determining whether a person failed a breath test, and a criminal defense lawyer with experience in DUI defense can help determine whether there is a way to beat the charge.
For more information, see Alabama Code Section 32-5A-191 .
