Understanding Alabama’s Strict DUI Sentencing Penalties

Driving Under the Influence (DUI) in Alabama is a severe criminal offense with consequences that escalate dramatically with each subsequent conviction. While the offense is commonly referred to as DWI (Driving While Intoxicated) in other states, Alabama law uses the term DUI (Driving Under the Influence). The penalties are codified primarily under Alabama Code § 32-5A-191. For Alabama residents facing DUI charges and their families, understanding the specific mandatory sentencing requirements is crucial for navigating the legal process.

Alabama’s “look-back” period for determining repeat offender status is generally ten years. This means a second offense occurring more than ten years after the first may be treated as a first offense for sentencing purposes.

Misdemeanor Convictions: First, Second, and Third Offenses

The first three DUI convictions within the ten-year look-back period are typically classified as misdemeanors, though they carry increasingly harsh mandatory minimum sentences.

First Offense DUI (Misdemeanor)

A first-time DUI conviction in Alabama carries significant penalties, including:

• Jail Time: Imprisonment for not more than one year. While the judge may suspend all or part of the sentence for probation, a mandatory minimum of 48 hours in jail may apply in some cases.
• Fines: A fine ranging from $600 to $2,100.
• License Suspension: A 90-day license suspension.
• Mandatory Program: Mandatory completion of a Court Referral evaluation and subsequent treatment program, often referred to as DUI school.
• Ignition Interlock Device (IID): The 90-day license suspension is typically stayed if the offender installs an approved IID on their vehicle for 90 days (or six months, depending on the circumstances).

Second Offense DUI (within 10 years)

The penalties become more severe for a second offense, requiring mandatory jail time or extensive community service:

• Jail Time: Imprisonment for not more than one year, including a mandatory minimum of 5 days in jail or 30 days of community service, which cannot be suspended or probated.
• Fines: A fine between $1,100 and $5,100.
• License Revocation: A one-year license revocation.
• Ignition Interlock Device (IID): Mandatory installation and use of an IID for two years.

Third Offense DUI (within 10 years)

The third conviction carries an even stricter mandatory jail sentence:

• Jail Time: Imprisonment for not more than one year, including a mandatory minimum of 60 days to serve, which cannot be suspended or probated.
• Fines: A fine between $2,100 and $10,100.
• License Revocation: A three-year license revocation.
• Ignition Interlock Device (IID): Mandatory installation and use of an IID for three years.

Summary of Misdemeanor Penalties

Offense	Jail Time (Max/Min)	Fine Range	License Action
1st DUI	Max 1 Year (Min 48 hours possible)	$600 – $2,100	90-day suspension
2nd DUI	Max 1 Year (Min 5 days or 30 days community service)	$1,100 – $5,100	1-year revocation
3rd DUI	Max 1 Year (Min 60 days)	$2,100 – $10,100	3-year revocation

Felony DUI: Fourth or Subsequent Offense

A fourth or subsequent DUI conviction within a ten-year period is automatically charged as a Class C felony in Alabama. The punishment is substantially harsher, involving state prison time:

• Imprisonment: Not less than one year and one day nor more than 10 years. The sentence includes a minimum mandatory jail sentence of 10 days.
• Fines: A fine ranging from $4,100 to $10,100.
• License Revocation: A five-year license revocation.
• Ignition Interlock Device (IID): Mandatory installation and use of an IID for five years.

Summary of Mandatory Consequences in Alabama DUI Cases

While maximum sentences are determined by the court, several elements are mandatory upon conviction, regardless of the judge’s discretion:

1. License Suspension/Revocation: All convictions result in an automatic suspension or revocation of driving privileges by the Alabama State Law Enforcement Agency (ALEA), ranging from 90 days to five years.
2. Ignition Interlock Device (IID): Installation of an IID is required for all second or subsequent offenses, as well as first offenses involving a high BAC (0.15% or greater), refusal to test, or the presence of a child passenger.
3. Court Referral Program: Every convicted person must undergo a mandatory court referral evaluation and complete any recommended substance abuse education or treatment program.
4. Mandatory Minimum Jail Time: Second and third misdemeanor offenses, as well as all felony DUIs, carry mandatory minimum jail sentences that cannot be suspended or probated.

Frequently Asked Questions (FAQ)

Q: What is the minimum jail time for a first-offense DUI in Alabama?

A: For a standard first offense (BAC under 0.15% and no aggravating factors), there is generally no mandatory minimum jail time, though a judge has the discretion to impose up to one year. However, if the BAC is 0.15% or higher, the minimum sentence is doubled, which typically results in a mandatory one-year sentence (with possible suspension) and a minimum $1,200 fine.

Q: How long is the look-back period for prior DUI offenses in Alabama?

A: Alabama DUI law uses a ten-year look-back period to determine if a new DUI charge will be treated as a second, third, or fourth offense for sentencing enhancement purposes.

Q: Is an Ignition Interlock Device (IID) always required for a DUI conviction?

A: No, but it is required in most cases. An IID is mandatory for all second, third, and fourth offenses. For a first offense, it is mandatory if the driver’s BAC was 0.15% or higher, if they refused a chemical test, or if a child under 14 was present in the vehicle. For a standard first offense, the 90-day license suspension can be stayed by electing to install an IID.

Q: What makes a DUI charge a felony in Alabama?

A: A DUI becomes a Class C felony in Alabama if it is the fourth or subsequent conviction within a ten-year period. A first-time DUI can also be charged as a felony if it causes serious bodily injury or death to another person.

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Dealing with a DUI charge in Alabama is a serious and time-sensitive matter. Seeking guidance from an experienced Legal Expert is essential to protect your rights and understand the full impact of these penalties.

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