DUI Penalties

Experienced Criminal Defense Attorney Dedicated to Protecting the Rights of Clients in Birmingham and Throughout Alabama

A DUI conviction will not only result in a driver’s license suspension and fines, but it could land you in jail. If you’ve been arrested and charged with a DUI, there is simply too much on the line to take any chances. At the Stoves Law Firm, P.C., our Birmingham DUI defense attorney has more than 25 years of experience defending clients charged with driving under the influence of drugs or alcohol. Regardless of whether it’s your first DUI arrest or you have multiple prior DUIs on your record, we create a compelling defense to ensure your interests are protected at every step of the process.

DUI Punishments in Alabama

In Alabama, the penalty for a DUI conviction depends on a number of factors, including the number of previous DUI offenses. DUI convictions stay on your record for ten years, and prior convictions within this period influence the severity of the penalties for subsequent offenses​​. Additionally, Alabama law takes out-of-state DUIs into account when determining the number of prior convictions.

First DUI Conviction

• Jail Time: Up to 1 year.
• Fines: Between $600 and $2,100.
• Driver’s License Suspension: 90 days
• Mandatory Substance Abuse Evaluation

Importantly, you may be able to avoid the license suspension by installing an ignition interlock device on your vehicle. However, under certain conditions, such as if there was a minor in the vehicle, you refused chemical testing, or someone was injured, you will be required to install an ignition interlock device on your vehicle for one year, starting at the end of the 90-day suspension.  

Second DUI Conviction

• Jail Time: Mandatory minimum of 5 days, up to 1 year.
• Fines: Between $1,100 and $5,100.
• Driver’s License Suspension: 1 year.
• Ignition Interlock Requirement: 2 years.
• Mandatory Substance Abuse Evaluation.

In lieu of the jail sentence that typically comes along with a conviction for a second DUI, the judge can choose to sentence you to complete 30 days of community service. Additionally, after serving 45 days of your license suspension, you may be able to obtain an ignition interlock-restricted driver’s license for the remainder of your two-year suspension period.

Third DUI Conviction

• Jail Time: Mandatory minimum of 60 days, up to 1 year.
• Fines: Between $2,100 and $10,100.
• Driver’s License Suspension: 3 years.
• Ignition Interlock Requirement: 3 years.
• Mandatory Substance Abuse Evaluation.

After serving 60 days of your license suspension, you may be able to obtain an ignition interlock-restricted driver’s license for the remainder of your three-year suspension period.

Fourth or Subsequent DUI Conviction

• Classified as a Class C felony.
• Jail Time: Minimum of 1 year and one day, up to 10 years.
• Fines: Between $4,100 and $10,100.
• Driver’s License Suspension: 5 years.
• Ignition Interlock Requirement: 4 years.
• Mandatory Substance Abuse Evaluation.

With the court’s approval, if you complete a state-certified chemical dependency program, the court has the option to suspend all but ten days of your incarceration.

Aggravating Factors in Birmingham DUI Cases

The punishments discussed above do not consider aggravating circumstances. An aggravating circumstance is a fact that, if proven, makes a DUI more serious. They include:

• Having a BAC of .15% or more;
• Having a passenger under the age of 14 in the vehicle; and
• Refusing a breath test or blood test.

Depending on the situation, these factors can double the minimum fines, jail time, ignition interlock requirement and license suspension periods​​.

Speak with an Experienced Birmingham DUI Lawyer to Get Started on Your Defense Today

If you are facing DUI charges, your future depends on the outcome of your case. Therefore, it is essential that you have a knowledgeable Birmingham DUI defense lawyer by your side to protect your interests. At the Stoves Law Firm, P.C., we have over 25 years of experience helping clients charged with driving under the influence stay on the road and out of jail. We are familiar with the best DUI defenses under Alabama law and know how to use them to ensure your case ends in the best result possible. To learn more, and to schedule a free consultation today, call the Stoves Law Firm, P.C. at (205) 823-7233, or you can connect with us through our secure online contact form.