In Alabama, you can get arrested for driving under the influence (DUI) for having a blood alcohol content of .08%, or if you are commercial driver, it can be as low as .04%. If you are suspected of DUI and are under 21, this percentage goes even lower to .02%. This percentage is also in effect if you are a school bus driver or a daycare driver. If you are found to be incapacitated enough due to drug and/or alcohol consumption to operate your vehicle, you can be arrested for DUI as well. In Alabama, you do not even have to be driving the car to be arrested. If you are sitting in the driver’s seat, even if the car is not moving, you can be arrested for DUI if you are found to meet any of the levels.
First Offense
If you are arrested for DUI and it is your first offense, there are many things that will happen. You will, of course, be arrested and booked, but in addition to that you will face other punishments. Some will happen automatically and some will come about due to your court case. The first is that your license will be automatically suspended for 90 days. Even if you refuse to submit to alcohol testing, this will still be in effect. The first offense is a misdemeanor and can carry up to a 1-year sentence. Fines can be levied against you of anywhere from $600 to $1200, plus court fees. This conviction will stay on your record for 5 years.
Second Offense
If it is your second offense within five years, the punishment gets even more severe. Revocation of your license for one year is mandatory. In addition a substance abuse treatment course will be required as well. The minimum jail sentence for this misdemeanor is five days up to one year in prison, depending upon your lawyer and your specific circumstances. The minimum fine for a second conviction is $1000 in addition to $100 that has to be paid to the Impaired Drivers Trust Fund. The maximum fine is $5000. Additional fines can be levied by the courts as well.
Third Offense
If you are convicted for a third time for DUI, you will lose your license for three years. Mandatory jail time is 60 days and can be a year long. Court costs as well as a fine of anywhere from $2000 to $10000 plus court costs and your $100 to the Impaired Drivers Trust Fund will also be levied against you. A substance abuse course or a DUI course will also be required, which is at an additional cost for you.
Fourth Offense
Your fourth DUI conviction means that you will have a class “C” felony and that you will lose your license for five years. In addition, you will spend a mandatory of 1 year and 1 day in prison up to 10 years in prison, depending upon your circumstances and your representation. Your fine will be anywhere from $4100 to $10,100, as well as court costs. You will also have to complete the State Certified Chemical Dependency Program.
Having the right lawyer and representation can make the difference in how much time you spend and how much money you will have to pay.