Alabama DUI Laws

Alabama’s DUI laws are very strict, even for first time offenders, although there are states that are more or less strict than this one in the United States. Driving under the influence of drugs or alcohol in the state of Alabama is a serious offense, and the state is starting to crack down harder on those convicted for DUI in order to attempt to curb the numbers of repeat offenders, fatalities due to DUI-related incidents, injuries and property damage due to DUI-accidents, and the cost of prosecuting these offenders.

Here is a brief rundown of what the state minimum punishment for a DUI conviction is, but remember that every case is different and this should never be constituted as legal advice. Keep in mind that these penalties are in addition to court costs, legal fees, SR-22 insurance fees, and are calculated without the addition of any aggravating factors (such as having a minor in the car, property damage, injuries, and so on).

First-Time Offender With Clear Criminal History

Expect up to 12 months in jail maximum, or up to $1200 in fines. Sometimes both penalties are enforced, depending on the situation and individual. Expect to lose driving privileges for at least three months in addition to any other penalties. Even a first time conviction will give rise to mandatory alcohol education or rehab in Alabama.

Second-Time Offender (Within 5 Years)

You could spend up to 12 months in jail, with a state minimum of five days, and may be forced to spend more than five thousand dollars to pay mandatory fines. There is also a one-month minimum community service requirement for a second offense, in addition to a loss of driving privileges for at least a year and mandatory rehab.

Third-Time Offender (Within 5 Years of 1st)

The minimum amount of jail time for the third conviction is two months, but you could spend up to 12 months, depending on the case. The fine doubles for the third offense, so you may have to pay ten thousand dollars in fines in order to close the case. You also lose your right to drive for a minimum of three years and become obligated to take alcohol education or rehab classes.

Fourth-Time Offender (Within 5 Years of 1st)

A fourth conviction for DUI in Alabama is classified as a felony offense, while the first three are misdemeanors on your permanent record. The fourth offense leads to a minimum of 12 months and one day in jail, with a maximum of ten years depending on the circumstances. The minimum fine is more than four thousand dollars, up to more than ten thousand in more extreme cases. Mandatory alcohol education and rehab classes are usually ordered in these cases as well.

Contact us as soon as possible to begin building a successful DUI defense in your case!


About handlawfirm

Born September 12, 1964, Ben earned a Bachelor of Science in Business Management degree from Auburn University in 1987 and a Juris Doctorate degree from Cumberland School of Law in 1990. Ben has been a practicing attorney since 1990 and spent six years in Central America. He is familiar with customs and conditions of the region and is fluent in Spanish. Ben established and is currently the Vice President of the Legal and Contracting with Emergency Response Training Systems, the only company to run military style software (jcats/acats) for training of civilian law enforcement (ERTS Opelika, Alabama). This also provides homeland security training for the Auburn University Homeland Security department. Ben Hand is the winner of various Who’s-Who Awards, the Republican of the year for 2001, and a Republican Nominee for the U.S. House in 1994. He is licensed to practice law in Alabama and Georgia. Ben founded Hand, Fellows and Associates law firm and is the founding member of the board of directors of Beacon University in Columbus, Georgia. Ben currently represents thirty-two different non-profit organizations in Alabama, Texas, Georgia and Tennessee. He is a business legal adviser to seventy-five different small businesses and corporations. Ben was hired by Chief of police, Terry Sanders, to represent him in a dispute with the Valley City Council in Valley, Alabama and was also hired by Chief of Police, Ben Brown, to represent him in negotiations with the Lanett City Council and the mayor of Lanett, Alabama. The former city attorney for Uniontown, Alabama, Ben is a city prosecutor for cities of Opelika and Roanoke in Alabama. Ben is a family court referee in Lee County, Alabama and was appointed by Governor Bob Riley as an Administrative Law Judge for State Health Planning and Development Agency. He successfully represented the State Republican party in Lee County during Governor Bob Riley’s election challenge 2002. Governor Bob Riley was elected by a narrow margin and the outgoing Governor challenged the election. Ben was asked by Governor Riley to represent him in Lee County. Governor Riley won and the challenge was dropped by the outgoing Governor. Ben was a guest lecturer for the Auburn University Safe House. He instructed the local law enforcement and Domestic Violence counselors on obtaining protection from abuse orders. Ben was a guest lecturer for Auburn University SOAR for lawyers and realtors on construction law. He is an elder at Believers Church in Auburn, AL and on the board of directors for the Spirit of Life Church in Murfreesboro, TN. Ben is a Gideon speaker and member since 1992 and a Municipal Judge in Wedowee, Alabama since 1995. Ben%2
This entry was posted in Criminal Law, DUI Defense and tagged , , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s