Alabama DUI Penalties

DUI Penalties DUI PENALTIES

(Effective 07-01-2014)

1st 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 install ignition interlock device for a period of six (6) months
  • Ignition Interlock Required on your vehicle for two years if convicted under “Aggravating Circumstances”

2nd 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 - OR install ignition interlock device for a period of two years
  • Two-Year Ignition Interlock on your vehicle starts after mandatory 45 day driver license revocation period

3rd 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 - OR install ignition interlock device for a period of three years
  • Three-Year Ignition Interlock on your vehicle starts after mandatory 180 day driver license revocation period

4th 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 - OR install ignition interlock device for a period of five years
  • Five-Year Ignition Interlock on your vehicle starts after mandatory one year driver license revocation period

“DOUBLE MINIMUM PUNISHMENT” Penalty: If convicted of any DUI offense with a test result .15% or greater, the court is required to impose “double minimum punishment.” Fines and jail terms automatically double.

Aggravating Circumstances:

“Aggravating Circumstances” require ignition interlock for first DUI offense for any of the following: (1) Breath test with result of .15% or greater; (2) Refusing to submit to a breath test; (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 in a traffic accident. Ignition interlock is required on all second and subsequent DUI convictions, without regard to circumstances or conditions.


INTRODUCTION

On July 1, 2014, Alabama’s new DUI laws took effect. Penalties increased substantially. Under the new DUI law, even for most first offense DUI cases, an ignition interlock device is required to be installed on your vehicle if convicted of DUI. In addition, the court is required to impose “double minimum punishment” as a penalty if you are convicted under certain “aggravating circumstances.”

If you have been charged with DUI with the new “interlock ignition” requirement or you are facing “Super-DUI” sanctions, 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 system. The legal issues are wide-ranging and involve statutory law, Constitutional law, the law of search and seizure, due process, driver license/administrative law, and complex evidentiary issues. These legal issues intersect in a DUI case with the scientific areas of chemistry, physics, pharmacology, toxicology, respiratory sciences, and anatomy.

The penalties for DUI are severe and long-lasting. Any conviction under the new 2014 DUI law carries harsh legal consequences including potential jail time, license suspension or revocation, substantial fines, ignition interlock installation, and mandatory probation.

If convicted of a 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 during the period 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’s new DUI law, the mandatory ignition interlock requirement specifies substantial penalties if you are stopped and arrested for driving a vehicle without the interlock device installed. Driving a vehicle without the required ignition interlock device will result in seizure of the vehicle, a substantial fine and mandatory jail time!

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 prosecutor 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 legal strategy. I thoroughly cross-examine police officers at trial. I consider every DUI case to be important! 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.