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When someone is facing a DUI, charges and penalties depend on prior offenses. A first conviction is serious enough, but the consequences for a second, third, or fourth offense can be particularly burdensome. Below is a brief guide to Alabama DUI penalties.

What to Expect If You're Facing a DUI Charge in Alabama

First Offense

In Alabama, adult drivers can be charged with a DUI for driving with blood alcohol content levels (BAC) of 0.08% or higher, and minors can be charged if their BAC is 0.02%. A first offense is a misdemeanor that carries up to one year of jail time. The court also levies a fine of $600 to $2,000, depending on the circumstances.

Fines are increased—and a two-year breathalyzer ignition lock is required—if a child is in the car at the time of arrest, the driver causes an accident that results in injuries, or their BAC level is 0.15% or higher. Drivers also face losing their license for 90 days and—for this and all subsequent convictions—must complete a DUI school course or a substance abuse program.

Second Offense

Facing a DUIIf you've been arrested for a prior DUI—in-state or out—within the past ten years, it’s considered a second offense. A second offense is a misdemeanor punishable by five days in jail or up to one year. The five-day minimum  may be replaced by 30 days of community service at the court’s discretion. A fine up to $5,000 may be levied.

Fines and incarceration rates are doubled and a two-year ignition lock is required—if aggravating circumstances apply—and driving privileges are suspended for one year.

Third Offense

A third offense—with two priors—carries a jail term of 60 days or up to a year maximum. Fines range from $2,100 to $10,000. Penalties may be doubled, and a three-year ignition lock is required if there were aggravating circumstances. Driving privileges are revoked for three years, but drivers are permitted a work exception. SR-22 insurance—a certificate that validates that a driver has the minimum liability insurance coverage required by law—is required before privileges are reinstated.

Fourth Offense & Beyond

Drivers facing a DUI for the fourth time in their lifetime may be charged with a class C felony, which carries a minimum sentence of one year and a day in prison up to 10 years. Fines range from $4,000 to $10,000. License suspension lasts for five years, but there is no work exception, and an SR-22 insurance certificate is required for reinstatement.

 

If you’re facing a DUI, don't go through it alone. Contact Edmiston Law
Office
 in Scottsboro, AL. They’ve been practicing law in Jackson County for nearly 30 years, specializing in criminal, personal injury, and family law, including divorce, legal separations, child custody, and visitation issues. Visit their website to learn more about the firm, or call (256) 259-0834 to arrange a consultation.

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