Alabama Felony DUI: Indictment for Repeat Offenders

Alabama maintains one of the strictest approaches in the nation regarding repeat DUI offenses. While a first, second, and third DUI conviction are generally classified as misdemeanors, a fourth or subsequent offense within a 10-year period is automatically charged as a Class C felony. This shift carries a massive increase in penalties and fundamentally changes the jurisdiction and procedure of the case, moving it from a lower court to the Circuit Court where an indictment is often required.

The Point of Indictment: When a DUI Becomes a Felony

A DUI charge is elevated to a Class C felony in Alabama under several specific circumstances, all of which mandate severe penalties and signal the legal system’s strong stance against habitual impaired driving.

• Fourth or Subsequent Conviction: The most common trigger is a person’s fourth DUI conviction within a 10-year “look-back” period. This look-back period is measured from the date of the new offense back to the dates of the prior convictions.
• Prior Felony DUI: If a person has a previous felony DUI conviction on their record, any subsequent DUI offense, regardless of when it occurred, may be prosecuted as a felony.
• Aggravating Factors: Even a first, second, or third DUI can be elevated to a felony if the offense involves serious bodily injury or death to another person, or if a child under the age of 14 was a passenger in the vehicle at the time of the offense.

Mandatory Penalties for a Class C Felony DUI

A conviction for a Class C felony DUI in Alabama carries severe, mandatory penalties that are not subject to probation or suspension, making experienced legal representation crucial.

Misdemeanor Repeat DUI Penalties (2nd and 3rd Offenses)

While the focus is often on the felony charge, the preceding misdemeanor repeat offenses also carry mandatory sentences that escalate significantly with each conviction, underscoring the severity of Alabama’s laws.

The complexity of these escalating penalties, especially when facing a felony indictment, highlights the need for a thorough defense. A skilled Legal Expert can challenge the enhancement by scrutinizing the legality of the initial traffic stop, the testing protocols, and the validity of prior convictions used to elevate the current charge.

Summary of Alabama DUI Repeat Offender Laws

Navigating the legal landscape of a repeat DUI charge in Alabama is a serious matter with life-altering consequences. Here are the key takeaways:

1. A DUI in Alabama escalates from a misdemeanor to a Class C Felony upon the fourth conviction within a 10-year period, or if other aggravating factors (such as serious injury or a child under 14) are present.
2. A Felony DUI conviction is subject to an indictment process and carries a mandatory minimum prison sentence of one year and one day, with a maximum of 10 years.
3. The state uses a 10-year look-back period for counting prior offenses, but a previous felony DUI conviction counts perpetually.
4. All repeat offenses (2nd, 3rd, and 4th+) require the mandatory installation and use of an Ignition Interlock Device (IID) upon license reinstatement.
5. Aggravating factors like a Blood Alcohol Concentration (BAC) of 0.15% or higher can double the minimum mandatory penalties for any DUI offense.

Frequently Asked Questions (FAQ)

Q: How is a felony DUI different from a misdemeanor DUI in Alabama?

A: A misdemeanor DUI is handled in District or Municipal Court and carries a maximum sentence of one year in jail. A felony DUI (4th offense or aggravated) is handled in Circuit Court, often requires a Grand Jury indictment, and carries a maximum state prison sentence of 10 years and a minimum of one year and one day.

Q: Does a DUI ever come off my record in Alabama?

A: No. DUI convictions are specifically excluded from Alabama’s general expungement laws, meaning the conviction remains on your criminal record permanently.

Q: Can my second or third DUI be a felony?

A: Yes. While typically a misdemeanor, a second or third DUI can be elevated to a felony if the offense involves specific aggravating factors, such as causing serious bodily injury or death to another person, or having a child under 14 in the vehicle.

Q: What is the “look-back” period for DUI offenses in Alabama?

A: Alabama uses a 10-year look-back period to determine if a new DUI charge will be enhanced based on prior convictions. However, once a driver has a felony DUI conviction, any future DUI will automatically be treated as a felony, regardless of time.

Q: Is the minimum jail sentence for a felony DUI mandatory?

A: Yes. For a felony DUI conviction, the minimum sentence of one year and one day imprisonment (with a mandatory minimum of 10 days served in county jail) is set by statute and is a mandatory sentence that cannot be suspended or negotiated away upon conviction.

Seek the guidance of a qualified Legal Expert to protect your rights.