Alabama DUI Laws & Penalties
If you have just recently been arrested in the state of Alabama on a drunk driving charge it is very important that you review theAlabama DUI laws and understand the potential penalties, fines and jail time that you may be facing if convicted.
In the state of Alabama for a non-commercial driver, if you are stopped on suspicion of DUI and your blood alcohol level is .08% or greater, you will be arrested for driving under the influence. For commercial motor vehicles the allowable BAC level is .04% and for school bus drivers and daycare drivers a BAC level of .02% or greater will result in a DUI arrest.
Alabama DUI First Offense Penalties
A first DUI offense in the state of Alabama will result in a 90-day driver’s license suspension. If you wish to maintain your driving privilege during the 90-day suspension period it is extremely important that your Alabama DUI lawyer file a request for an administrative hearing within 10 days of the initial arrest with the Alabama Department of Public Safety.
Even though this administrative hearing is not a court proceeding, if you wish to be able to maintain your driving privileges, you are going to want your Alabama DUI lawyer to handle the hearing proceedings. Your Alabama DUI lawyer is going to know what the Alabama Department of Public Safety requires and how to maintain your driving privilege. Trying to handle this administrative hearing on your own is not advised, as the success rate for people who attempt to handle this on their own is very low.
The jail time a person faces for a first offense DUI charge in Alabama will be up to 1 year in either municipal or county jail. A determining factor in the amount of jail time will be the circumstances surrounding the DUI case. For example: was another person injured or killed? Were there any minors in the vehicle? These are just two examples; there are many others that will be considered.
The fines for a first offense DUI conviction will be between $600 and $2,100, which include a $100 fine that is assessed for the Alabama Impaired Drivers Trust Fund. A first time DUI offender in Alabama will also be required to attend Alabama DUI school or a substance abuse program. Also it is important to note that failure to attend the required program will result in a driver’s license not being reinstated.
Alabama DUI Second Offense Penalties
A person convicted of a second Alabama DUI offense within five years of the first offense will face a driver’s license revocation of 1 year. A revocation means that there is no chance of restoring your driving privilege for 1 year. You will not be able to obtain a work on license.
A second offense Alabama DUI carries a jail sentence of 48 consecutive hours up to 1 year in jail. The accused may be allowed to opt for not less than 20 days of community service in lieu of the minimum 48 consecutive hours of jail time. The amount of jail time a person faces will depend on the circumstances surrounding the DUI arrest.
The fines for a second offense DUI in Alabama will be between $1,100 and $5,100, which include a $100 fine that is assessed to the Alabama Impaired Drivers Trust Fund. A second time offender will also be required by the court to attend a substance abuse treatment and evaluation program.
Alabama DUI Third Offense Penalties
A third DUI offense within five years will result in a driver’s license revocation for 3 years. Meaning you will not be allowed to operate a motor vehicle anywhere within the United States for a period of three years. There will be no chance of obtaining a work only license.
The jail time for a third DUI conviction within five years will result in a minimum of 60 days in municipal or county jail or up to 1 year in jail. The fines for a third offense DUI will be between $2,100 and $10,100, which include a $100 fine that is assessed to the Alabama Impaired Drivers Trust Fund.
A third time offender will also be required by the court to attend a substance abuse treatment and evaluation program.
Alabama DUI Fourth or Subsequent Penalties
A person convicted of a fourth or subsequent DUI offense within a five-year period of the last conviction is a Class C felony in the state of Alabama. A fourth or subsequent conviction will result in a driver’s license revocation of 5 years; there will be no chance of the accused driving during this 5-year period.
A person convicted of a fourth or subsequent DUI offense will be imprisoned for a period of not less than 1 year up to 10 years. The fines for a fourth or subsequent DUI arrest will be $4,000 to $10,000 depending on the circumstances.
Alabama Implied Consent Law
When a person applies for a Alabama driver’s license they automatically are agreeing to the Alabama implied consent law. Which means that if you are stopped on suspicion of DUI you agree to submit to a blood, breath or urine test to prove your intoxication level.
Failure to submit to this test for a first time offender will result in an immediate 90-day license suspension with no chance of obtaining driving privileges during that 90-day period. If it is determined that the refusal is a second or subsequent refusal within the past five years, there is a 1-year license suspension with no chance of obtaining driving privileges during that 1-year period.
The results of the testing must be made available to the defendant and their Alabama DUI lawyerupon request. The defendant may also have an independent test done at their own expense if they choose. Your DUI lawyer will determine if any independent testing needs to be done.
Alabama SR22 Insurance Considerations
In order to reinstate your driving privileges once your suspension or revocation is over you will be required to file an SR22 with the Alabama Department of Motor Vehicles in order to obtain your driver’s license.
You will be required to maintain your SR22 filing for a period of three years. If at any time during this three-year period there is a lapse in your Alabama SR22 auto insurance coverage, your insurance company is obligated to inform the Alabama DMV of this lapse and your driving privileges will be suspended.
The costs for SR22 auto insurance can vary greatly and not every insurance company will do an SR22 filing. DuiArrestHelp has partnered with the largest and most trusted SR22 insurance provider in the state of Alabama and have worked out a special discount only available here for our website visitors.
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Other Alabama DUI Resources
Alabama DUI First Offense Detailed first offense information including punishments after a first offense DUI in Alabama.
Alabama SR22 Insurance Learn everything you need to know about Alabama's SR22 filing requirements with the DPS and find out how you can save hundreds of dollars each year on your Alabama SR22 insurance.
Alabama DUI Lawyers Contact one of our Alabama DUI lawyers today.
Alabama Substance Abuse Programs - We offer a complete listing of Alabama approved substance abuse treatment programs.