Alabama DUI Penalties: First, Second, Third Offense Guide

A conviction for Driving Under the Influence (DUI) in Alabama is a profoundly serious matter, carrying harsh penalties that escalate significantly with each subsequent offense. Alabama state law, codified primarily in the Alabama Code § 32-5A-191, enforces strict minimum mandatory sentencing requirements aimed at deterring impaired driving and protecting public safety.

Understanding what to expect after an Alabama DUI verdict is crucial, as the consequences affect your freedom, finances, and driving privileges for years or even decades. The state operates on a 10-year “look-back” period to determine if a charge is a second, third, or subsequent offense.

First Offense DUI Penalties (Misdemeanor)

A first-time DUI conviction in Alabama, within a 10-year period, is classified as a misdemeanor. While a judge may suspend some or all of the potential jail sentence, mandatory elements remain in force.

• Fines: Between $600 and $2,100, plus court costs and fees.
• Jail Time: Up to one year in the county or municipal jail. The entire sentence may often be suspended, but the judge has the discretion to impose jail time.
• License Suspension: A 90-day suspension of driving privileges. This suspension can often be stayed if the offender elects to install an Ignition Interlock Device (IID) for 90 days.
• Mandatory Requirements: Court-ordered substance abuse evaluation and completion of a DUI or substance abuse court referral program.

Second Offense DUI Penalties (Misdemeanor)

If you are convicted of a second DUI within a 10-year period, the penalties increase substantially, and a mandatory minimum sentence is required.

• Fines: Between $1,100 and $5,100.
• Jail Time: Up to one year. A mandatory minimum sentence of 5 days in jail (not subject to suspension or probation) or not less than 30 days of community service must be served.
• License Revocation: A one-year revocation of driving privileges.
• Ignition Interlock Device (IID): Mandatory installation and operation of an IID on the designated vehicle for two years. After a minimum of 45 days of the license revocation, the remaining period may be commuted upon IID installation.

Third Offense DUI Penalties (Misdemeanor)

A third conviction within the 10-year look-back period carries the most severe misdemeanor penalties.

• Fines: Between $2,100 and $10,100.
• Jail Time: Up to one year. A mandatory minimum sentence of 60 consecutive days in jail must be served and cannot be suspended or probated.
• License Revocation: A three-year revocation of driving privileges.
• Ignition Interlock Device (IID): Mandatory installation for a period of three years.

Fourth or Subsequent Offense (Class C Felony)

Any fourth or subsequent DUI conviction within a 10-year period is automatically charged as a Class C Felony in Alabama, resulting in a state prison sentence.

Summary of Mandatory Alabama DUI Verdict Consequences

A DUI conviction triggers a mandatory sequence of punishments that courts cannot avoid. Here are the key takeaways for anyone facing DUI charges:

1. Look-Back Period: Prior convictions are counted for 10 years from the date of the first offense conviction.
2. Mandatory Evaluation: All persons convicted of any DUI offense must undergo a court referral substance abuse evaluation and complete any resulting treatment or education program.
3. IID Requirement: An Ignition Interlock Device (IID) is mandatory for all repeat offenders and for first-time offenders with an elevated BAC (0.15% or greater) or those who elect to stay their license suspension.
4. No “Wet Reckless” Plea: Alabama law prohibits pleading down a DUI charge to a lesser offense like “wet reckless”.
5. Felony Charge: A fourth offense is automatically a Class C felony, carrying up to 10 years in prison.

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Important Disclaimer

*AI-Generated Content Disclaimer*

This content was generated by an AI Legal Blog Post Generator and is intended for informational purposes only. It is not a substitute for professional legal advice, and should not be used as such. DUI laws in Alabama (Code § 32-5A-191) are complex and subject to change. Always consult with a qualified Legal Expert to discuss the specifics of your case. We do not provide legal consultations or guarantee outcomes.