In the state of Alabama, a DUI arrest can stick with you and a conviction may negatively affect your future standing in court.
First, aligning yourself early on with a reputable legal professional that specializes in DUIs is essential. DUIs are serious, so it is important to understand what is at risk in order to protect yourself.
On a first offense, there may be fines, probation, license suspension or jail time. Subsequent offenses garner harsher consequences.
DUI Convictions are Permanent
A DUI conviction cannot be expunged in the state of Alabama, according to Act 2021-482. In fact, DUIs and reckless driving offenses are two of the few non-violent misdemeanor crimes that cannot be expunged.
DUI convictions will follow you for the rest of your lifetime on your permanent criminal record. This permanence means they are taken seriously by the court. So, offenders should be diligent in seeking reputable legal counsel from an experienced lawyer.
An arrest will remain on your permanent arrest record via the National Crime Information Center. Managed by the Federal Bureau of Investigation, this record may be referenced in future arrests.
Multiple Offenses
Beginning with the second DUI conviction, the level of sentencing imposed on a defendant increases. However, all DUI convictions are serious. That being said, an offender’s criminal record plays a major role with convictions occurring within the past 10 years utilized in subsequent cases.
A shift in severity can be seen from the first offense to the second DUI conviction. A first time offender may have their license suspended, but a second offense includes a mandatory suspension of vehicle registration. Unless it would result in undue hardship on a separate individual, the defendant is required to turn in all motor vehicle tags during their license suspension period.
Following or in an effort to reduce their suspension, a second-time offender is typically required to install an Ignition Interlock Device in their vehicle. Also known as IIDs, these devices are installed in the vehicle and require the driver.
Mandatory Probation
A mandatory probation of 2 years is required for misdemeanor DUI convictions. Undoubtedly, there is an increase for a felony conviction – up to 5 years probation.
During the probationary period, an offender will be required to complete a court-approved substance abuse course. This is a standard requirement in the state of Alabama for all alcohol or drug related convictions, commonly known as a Court Referral Program.
In addition, a defendant may be required to undergo random alcohol and drug screenings. In this case, they are prohibited from the purchase or consumption of alcohol.
Failure in attendance or completion of the program or screenings are reported to the sentencing court. Consequently, this can lead to probation revocation, fines or jail time.
Possible Jailtime
Any misdemeanor or felony DUI conviction has the potential to result in up to 12 months in jail for a misdemeanor conviction. On the other hand, felony offense can mean up to 10 years in prison.
On a second offense, there is a mandatory 5 days in jail. This increases to 60 days on a third offense. In any case, this doubles to a respective 10 and 120 days if convicted of aggravated DUI – resulting from a breath test of .15% or higher.
Fines and Court Fees
A DUI conviction can cost the offender upwards of $10,100 in fines depending on the court and the severity of the offense. In addition, defendants will be required to pay court fees on top of the fines.
In a municipal court, a defendant can be fined up to $5,000 for any level of offense. A state court can result in fines from $600 to $10,100 depending on the severity of the offense:
First DUI: $600-$2,100
Second DUI: $1,100-$5,100
Third DUI: $2,100-$10,100
Felony DUI: $4,100-$10,100
Need Somebody in Your Corner?
If you are arrested for a DUI, the consequences can be immediate. Moreover, there can be long-lasting results that affect your future standing in court.
It is essential to have a lawyer in your corner who understands the ins and outs of DUI arrests and convictions in the state of Alabama. Hiring reputable legal representation to help you navigate the process can help mitigate or reduce the consequences you face if convicted.
Align yourself with an Alabama lawyer who specializes in DUIs. Contact the professional legal team at Sheffield and Lentine, P.C. for the guidance you deserve.