Driving under the influence of alcohol is not only dangerous, but is also a criminal offense. When pulled over by a police officer your blood alcohol content, or BAC, is measured and in Alabama if you are an adult driver aged 21 or over and your BAC is 0.08 or high then you will be arrested and charged with drunk driving. If you are a commercial vehicle driver and have a BAC of 0.04 or higher or if you are under 21 years of age and have a BAC of 0.02 or higher then you will also be charged with drunk driving. Below are all of the laws and penalties associated with being charged with a DUI in the state of Alabama.
Alabama First Offense Administrative Penalties:
A first offense arrest requires a mandatory 90 day driver license suspension. You will have a court hearing regarding this offense within the first 10 days after being arrested. You may be required to undergo a court mandated alcohol abuse treatment or assessment program after being charged.
Alabama First Offense Criminal Penalties:
In Alabama a first offense DUI charge is classified as a misdemeanor offense, and this offense carries a maximum, but not mandatory, sentence of one year in jail. In most cases, if this is your first offense you will not be required to undergo extensive jail time after you have been booked.
The fines associated with a first offense criminal DUI charge can range from $600 to over $1,200. Once convicted, you may be able to pay additional fines instead of undergoing jail time, and when convicted the DUI charge remains on your record for five years.
Alabama Second Offense Administrative Penalties:
If charged with a DUI for a second time your license will be automatically revoked and suspended for one year – occasionally, it may take up to five years for the suspension to be activated. Unlike a first offense, you will be unable to receive a limited license to drive to work or school. In addition to loosing your license for one year, you will also be required to undergo a substance abuse treatment program to prove to the state you do not have an alcohol abuse problem.
Alabama Second Offense Criminal Penalties:
When charged for a second time with a DUI, you will face a minimum of five days in jail; however, in some cases the judge may allow you to complete a total of 30 days of community service in lieu of jail time. The maximum jail sentence for those charged with a second DUI is one year, and while this may be avoided if you do not have an extensive criminal record or if you have a lawyer if either of the previously mentioned does not apply to you then you will more than likely face one year in jail.
The minimum fine associated with a second offense DUI charge is $1,000 and the maximum fine of $5,000; however, these fines may increase or decrease depending on your criminal record and your lawyer.
SOURCES:
Driving Laws: First Offense DUI in Alabama
http://www.drivinglaws.org/resources/dui-dwi/dui-laws-state/first-offense-dui-alabama
Driving Laws: Second Offense DUI in Alabama
http://www.drivinglaws.org/resources/dui-dwi/dui-laws-state/second-offense-dui-alabama
