In the state of Alabama, a DUI arrest can stick with you and a conviction may negatively impact your future standing in court.
Aligning yourself early on with a reputable legal professional that specializes in DUI cases is essential. DUIs are serious, so it is important to know and understand what is at risk in order to legally protect yourself.
DUI Convictions are Permanent
A DUI conviction (and arrest) 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.
Consequently, 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 for a DUI 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 for future arrests.
First Offense
For a first DUI offense, there may be fines, probation, or possibly jail time. Additionally, a first time DUI conviction can result in a 90-day license suspension. Subsequent offenses garner much harsher consequences.
Multiple Offenses
Beginning with a second DUI conviction, the level of sentencing imposed on a defendant increases. Make no mistake – all DUI convictions are serious. However, an offender’s criminal record plays a major role. Convictions occurring within the past 10 years and can be 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 along with a license revocation period of one year. 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 revocation period.
Ignition Interlock
Recent changes have been made and implemented to Alabama’s DUI law. This includes specific changes to the requirement of an Ignition Interlock device.
Per the implemented change in Alabama’s DUI law regarding Ignition Interlock, a first-time offender with a breath test of less than 0.15% BAC will not be required to have the device installed in their vehicle as a condition of participation in a court’s Pre-Trial Diversion program. In such cases, a first-time offender with a breath test of less than 0.15% BAC can choose to have the device installed in their car for 90 days to avoid the statutory suspension of their license. However, this does not apply to a first-time conviction.
Following or in an effort to reduce their suspension or revocation, a defendant who is convicted for a second DUI offense is typically required to have Ignition Interlock installed in their vehicle.
Having an Ignition Interlock device installed can be stressful, especially since it can be expensive to have installed and re-calibrated every month. If you are required to have the device installed, then it will remain in your car for the period of time your license is suspended or revoked, which depends on the type of DUI conviction.
Mandatory Probation
A mandatory probation of 2 years is typically required for misdemeanor DUI convictions. For a felony DUI conviction, this probation period increases to 5 years.
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 drug and alcohol-related convictions, which is commonly known as a Court Referral Program.
Moreover, a defendant may be required to undergo random alcohol and drug screenings or be prohibited from the purchase or consumption of alcohol.
Failure to attend or complete the Court Referral Program is reported to the court. This can lead to probation revocation, fines, and/or jail time.
Possible Jail Time
For any misdemeanor or felony DUI conviction, you could face potential jail time. You could potentially face up to 12 months in jail for a misdemeanor. For a felony DUI conviction, you could face up to 10 years.
On a second DUI conviction, there is a mandatory 5 days in jail. This increases to a mandatory 60 days in jail for a third DUI conviction. Moreover, this jail time doubles to a respective 10 and 120 days if convicted of an aggravated DUI, which results from a breath test of 0.15% BAC or higher.
Fines, Fees, and Court Costs
Financially, a DUI arrest and conviction can cost the offender upwards of $10,100 in fines depending on the court and the severity of the offense. So, defendants are required to pay court costs and other associated 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 DUI case in state court, though, can result in fines from $600 to $10,100, which again, depends on the severity of the offense:
1st DUI conviction: $600 – $2,100
2nd DUI conviction: $1,100 – $5,100
3rd DUI conviction: $2,100 – $10,100
Felony DUI conviction: $4,100 – $10,100
Need Somebody in Your Corner?
If you are arrested for a DUI, the consequences are often immediate. Upon conviction, 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 in Alabama. Hiring reputable legal representation to help you navigate the legal and administrative processes can help mitigate the consequences if convicted.
Align yourself with an Alabama lawyer who specializes in DUIs. Contact the professional legal team at Sheffield & Lentine, P.C. for the guidance and representation you deserve.