Zachary J. Peagler DUI/DWI Law Blog on Lawyers.com

When you are convicted of Birmingham DUI, you are subject to both civil and criminal penalties. The civil penalties, which are handled by the Alabama Department of Safety, relate to the suspension of your driving privileges. The criminal component comes under the Alabama Criminal Code and includes fines and incarceration. The penalties that you receive after a DUI conviction vary depending upon whether you have had prior convictions and whether you are the driver of a commercial vehicle. The first three offenses are considered misdemeanors but criminal penalties become more severe with each conviction and the fourth DUI offense is considered a class C felony.

While the penalties for DUI are outlined in Alabama law, the court has some discretion in punishing DUI offenders within the limits allowed. The specific circumstances of your case will be considered and sometimes jail time can be decreased by community service. The penalties for an Alabama DUI conviction are as follows:

First offense

• Up to one year in jail
• Fines ranging from $ 600, up to $ 2,100
• Participation in a mandatory court approved substance abuse program
• 90 day license suspension

Second offense

• No less than five days and up to 365 days in jail.
• Fines ranging from $1,100 to $5,100
• Participation in a mandatory court approved substance abuse program
• One year license suspension

Third offense

• No less than 60 days and up to one year in jail
• Fines ranging from $2,100 to $10,100
• Participation in a mandatory court approved substance abuse program
• Three year license suspension

Third Fourth and subsequent offenses

• No less than one year and one day in jail and up to ten years in prison.
• Fines ranging from $4,100 to $10,100.
• Participation in court approved substance abuse program.
• Five Year license suspension.

A person who is under the age of 21 is subject to Alabama’s zero tolerance laws that do not allow any level of alcohol in a BAC test. A BAC of .08% or below will result in a 30 day suspension of driving privileges and a BAC of .08% or higher will subject the driver to the same penalties as listed above. A person who is convicted of DUI and has a child under 14 in the car at the time of the arrest is subject to double the minimum DUI punishment that would be applicable if the child had not been present.

This article has been provided courtesy of Lakeman & Peagler, L.L.C., Birmingham drunk driving attorneys, 205-588-8631, www.lakemanpeaglerlaw.com.