DUI PENALTIES

(Effective 09-01-2011)

1^st Offense :

• Jail up to one (1) year (probation is possible if you qualify); and
• Fine not less than $600.00 and up to $2,100.00 plus court costs; and
• 90-day driver license suspension OR one year driver license revocation. No "work permit" is available at all.
• Ignition Interlock device installed on your vehicle for two years if convicted under " Aggravating Circumstances"

2^nd Offense Within Five Years :

• Jail not less than five (5) days and up to one (1) year (mandatory 5 day sentence OR 30 days community service); and
• Fine not less than $1,100.00 and up to $5,100.00 plus court costs; and
• One year driver license revocation - No "work permit" is available at all.
• Two-Year Ignition Interlock on your vehicle starts after your driver license revocation period ends.

3^rd Offense Within Five Years :

• Jail not less than sixty (60) days and up to one year (mandatory 60 day sentence; probation is NOT possible); and
• Fine not less than $2,100.00 and up to $10,100.00 plus court costs; and
• Three year driver license revocation - No "work permit" is available at all.
• Three-Year Ignition Interlock on your vehicle starts after your driver license revocation period ends.

4^th or Subsequent Offense Within Five Years : (Class C felony) -

• Imprisonment for not less than one year and up to ten (10) years; and
• Fine not less than $4,100.00 and up to $10,100.00 plus court costs; and
• Five year driver license revocation - No "work permit" is available at all.
• Five-Year Ignition Interlock on your vehicle starts after your driver license revocation period ends.

"DOUBLE MINIMUM PUNISHMENT" Penalty: If convicted of DUI with a test result .15% or greater, the court is required to impose " double minimum punishment." Fines and jail terms automatically double. For first offense DUI, the driver license is revoked for one year.

Aggravating Circumstances:

"Aggravating Circumstances" require ignition interlock on first DUI offense for any of the following: (1) Refusing the breath test; (2) Breath alcohol test result is .15% or greater; (3) A child under 14 years of age was in the vehicle at the time of the DUI offense; or (4) Someone other than the offender was injured at the time of the offense. Ignition interlock is required on all second and subsequent DUI convictions, without regard to circumstances or conditions.

INTRODUCTION

On September 1, 2011, Alabama's new DUI laws took effect. Penalties increased substantially. The court is required to impose "double minimum punishment" if you are convicted under certain conditions. Under the new DUI law, even for a first offense DUI, your driver license will be revoked for one year. Additionally, an ignition interlock device is required to be installed on your vehicle if convicted under the new law.

If you have been charged under the regular DUI law or the new "Super-DUI" law, you are facing a number of difficult and important decisions -- decisions that will affect you, your family, your employment, your standard of living, and the way of life you have become accustomed. Make no mistake - you are facing very serious consequences, even if this is your first DUI arrest!

You need answers - FAST! You need to know the facts so you can make the right decision. Your friends and relatives mean well, but do not have the legal training or expertise to provide the information you need. Call me! I can help. I will provide an honest and accurate evaluation of your case so you can make an informed decision.

DUI cases are especially complex and require an attorney to understand scientific principles as well as the legal process. The legal issues are wide-ranging and involve Constitutional law, search and seizure, due process, administrative law, and complex evidentiary issues. These legal issues intersect in a DUI case with the scientific areas of chemistry, biochemistry, anatomy, physiology, pharmacology, and toxicology.

The penalties for DUI are severe and long-lasting. Any DUI conviction carries harsh legal consequences including potential jail time, mandatory license suspension or revocation, substantial fines, ignition interlock installation, and mandatory probation.

If convicted of DUI, your auto insurance premium will substantially increase if the insurance policy is not canceled outright. You will not be legally permitted to operate a vehicle while your license is suspended or revoked. Driving to work, the grocery store, church or family functions will end due to your license suspension or revocation.

Under Alabama law, there is no "work permit" or "limited privilege" driver license available during the period of suspension. WARNING! Penalties for driving while suspended or revoked require an additional 6 months license removal and may result in jail time and vehicle impoundment.

TAKE IT EASY - I CAN HELP

I have been defending people accused of DUI for many years. My philosophy is that you cannot win a DUI case unless you try to win. For this reason, I routinely try my DUI cases to a verdict unless a better result can be achieved for my client without a trial.

You are presumed innocent and the burden is on the State to prove its case beyond reasonable doubt! I search for all relevant evidence which will make the difference in winning a DUI case. I examine every possible legal defense and constantly research the law. I thoroughly cross-examine police officers regarding the field sobriety tests and breath-test results. I consider every DUI case to be important because I understand the severity of the penalties involved.

Do Not Go To Court Alone! The prosecutor is highly trained and Alabama's new DUI laws are very strict. You need competent legal help!

Not all people who are accused of DUI are guilty! No two DUI cases are exactly alike. The field sobriety tests or the breath test might have been incorrectly administered. There may legal issues of "probable cause" regarding the police officer's decision to stop or arrest you. There may be legal or factual reasons why the law doesn't apply to the facts of your case. There may be weaknesses in the evidence against you. That's why you need an expert criminal defense attorney to aggressively fight the DUI charges filed against you.

Guilty or Innocent? If you are GUILTY, an attorney can usually negotiate plea deal that will make your situation better and may avoid a jail term. If you are INNOCENT, you absolutely need a defense attorney to aggressively fight the charges and take your case to trial.

Let me help you get your DUI case under control; let me handle your case so you can move on with your life. The more time I have to prepare your case, the better your defense will be. Don't delay! Time is critical.

Alabama State Bar Rules Require the following statement : No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.