subject: The Consequences Of A Dui Conviction In Alabama [print this page] Like every other state in the U.SLike every other state in the U.S. the laws for drunk driving or driving under the influence (DUI) in Alabama carry with them severe consequences if convicted. In Alabama, there are two ways in which one can be prosecuted and convicted of DUI. One can be prosecuted for demonstrated impairment when driving, such as driving erratically or causing an accident. One can also be found guilty of DUI for driving with a blood alcohol content over 0.08 percent which exceeds the legal limit even if driving doesn't appear to be impaired. In the latter case, prosecution is based on the test results of alcohol content rather than the manner in which a vehicle was operated. This means that a person could potentially be prosecuted for DUI just for being in the car with the possibility of driving it, even if the car isn't moving or the engine running.
The penalties for being convicted of DUI in Alabama vary based upon the number of prior DUI convictions. A first offense may result in fines of up to $2,100, a 90 day driver's license suspension, one year in jail, and mandatory attendance in a substance abuse program. Additional costs include court costs and increased insurance rates. A second conviction within five years increases the penalties to a fine of up to $5,100, minimum jail time from five days to one year, one year suspended license, and court ordered substance abuse treatment. Consequences are increased with a third offense, with a fourth offense being upgraded to a class C felony with imprisonment up to ten years being possible. Added penalties for convictions at any level may include community service requirements and/or ignition interlock devices placed in the vehicle to prevent the vehicle from being started if alcohol is measured on the driver's breath.
Though one does have the right to refuse a breath test in Alabama, refusing it results in an automatic driver's license suspension of 60 days with no opportunity to appeal for a restricted license. The suspension is not dependent upon whether one is impaired or not, but purely based upon the refusal with argument being that only the guilty would refuse the test.
After a DUI arrest in Alabama, it is imperative to contact an experienced DUI attorney to represent you. The consequences of a DUI conviction in Alabama are severe and will follow you for a lifetime. A DUI attorney knows the laws and will prepare a defense that cannot guarantee a finding of not guilty but will almost certainly result in less severe penalties.
