June 20, 2008
Alabama DUI Laws and Punishments
By admin
Alabama shares many of the DUI laws that one would find in other states. Almost every state in the US has a legal blood alcohol content limit of 0.08% for a person over the age of 21.
Alabama has two types of DUI cases you can be prosecuted for; driving while under the influence of alcohol and/or drugs, and driving while you’re physical or mental capacity is impaired by a substance.
A DUI arrest in the state of Alabama will cause two cases to be initiated against the offender. The first case is a criminal case and the second is a civil case through the Department of Public safety wherein your license will be revoked. You must act quickly after an arrest as you have a mere 10 days from the time of your arrest to petition DPS to arrange a hearing to keep your license.
In Alabama you also do not have to be the driver to be prosecuted for a DUI offense. Simply being present in the vehicle is enough for an arrest in some cases. The way the law is written simply being in the car while over 0.08% BAC, or being asleep in the car is sufficient for an arrest.
State law proscribes additional punishments to be added to a sentence for individuals who refuse to submit to testing by either blood, urine, or a breath test. Refusing a test is grounds for an automatic 90-day suspension of you license with no option for getting a restricted license during that period. According to state law test refusing shows a consciousness of guilt that you committed the offense.
A first DUI offense in the state of Alabama is a misdemeanor. The maximum jail term for a first time offense is one year including a fine of up to $2100; no less than $600. There is also a mandatory license suspension for a period of 90-days. Defendants also will be required to enroll in and complete a court-approved substance abuse program.
Your second offense within a five year period from the first is also a misdemeanor, carrying a jail term of no less than five days and no more than one year. You may be allowed to do 30 hours of community services in place of the five day jail term. Second offense fines rise as well to $1,100 minimum up to $5,100 maximum. There’s a mandatory one year license revocation on a second DUI offense and as with a first offense you will be required to complete substance abuse classes.
A third offense within your lifetime is also considered a misdemeanor. There is a mandatory minimum jail term of 60 days up to a maximum of one year. The license suspension is for three years and the fines increase again as well; $2,100 to $10,100. Again there is a mandatory substance abuse treatment required.
Only after a fourth offense does the DUI become a felony. Fourth offenses and beyond are Class C felonies with a minimum jail term of 366 days; maximum sentence is ten years. The fines rise once again to between $4,100 and $10,100. You will face a five year license revocation as well as be required to attend substance abuse treatment.
Alabama also can require you to have an ignition locking system installed to require a breath test before being permitted to operate your vehicle.
Topics: State Laws |