What is a DUI?
Types of DUIs in Alabama
Under Alabama law DUI criminality is triggered if a person is caught driving with a BAC of .08% or more. A police officer can also arrest someone based on the appearance or act of being impared or while under the influence of drugs, alcohol and/or any substance that impairs to such a level that the driver is in harm’s way. Something important to note, like some other states, Alabama has a DUI code which allows a DUI arrest for not actually driving while intoxicated.
The main way that law enforcement determines sobriety or intoxication while driving is by conducting a field test. This can be a breath alcohol test or a few other methods. Some drivers refuse to take this test.
Refusing to take a field sobriety test will result in a mandatory 90-day suspension of your driver’s license.
DUI offenses in Alabama are divided by the amount of previous convictions a driver has or has had.
In Alabama the first DUI is a misdemeanor. This means a fine ranging from $600 to $2,100, jail-time of up to 1 year, mandatory treatment, and a possible suspended license for up to 90 days.
The second and third DUI charges are also misdemeanors but with heavier penalties. Jail time can be up to one year with a minimum of 5 days in jail. Fines increase to a range between $1,100 and $5,100 for second time charges. For third time charges fines can increase to more than $10,000. Four or more DUI charges are tried as felonies.
Common DUI questions
Does a DUI go on your record?
is a dUI a felony?
Do you lose your license?
Unless you are tried as a juvenile or in juvenile court then DUI records remain on your record for life. However, if a DUI charge happened 5 or more years prior than a second offense, then that second offense is tried a first-time DUI charge.
A DUI in Alabama is a felony after the 4th infraction. As in most states though a DUI can be charged a felony if some serious crimes were committed while driving under the influence.
Not all DUI charges require a license suspension. If you were charged with a first time DUI and had a BAC of less than .15%, no passenger under the age of 14, and were not involved in an injury-inducing accident, then you can forgo the suspension by agreeing to have an ignition interlock device or IID placed in your car. You must use this device for 6-months in order to have your license fully restored.
A second time DUI requires an IID usage for 2 years.
Contact Our Law Firm
LaPlante, Merritt, Faulkner, Wilson & Clay has years of experience defending DUI cases. We know what it takes to get you the best possible results and we’re here to help. If you have any questions regarding a DUI charge, don’t hesitate to call at (256) 236-7354 or click the link below.