Legal Ease by Shane Givens
Dec. 21, 2010

What is the punishment for DUI?

Share |

The DUI rate invariably rises during the holidays. When someone gets charged with driving under the influence, he or she always asks, “What kind of punishment am I looking at?” Much like the answer to most legal questions, it depends.

Generally, a person can be convicted of DUI when he has either 0.08 percent or more by weight of alcohol in the bloodstream, or is otherwise under the influence of alcohol, drugs and/or any other substance to a degree which renders him or her incapable of safely driving. The law is more strict when the person charged is under 21, a bus driver, or a day care driver (0.02 percent), or a commercial vehicle driver (0.04 percent).

Generally, a first-time DUI offender can expect either a jail sentence of not more than a year, and/or a fine of at least $600. Jail time is not mandatory on a first conviction of DUI. Additionally, the defendant's driver license will be suspended for 90 days. This is an absolute suspension because there is no law in Alabama providing for a permit to drive to work.

If the same person is convicted a second time within five years, he is required to serve a jail sentence of at least five days but not more than one year, or perform at least 30 days of community service. The imposed fine will be at least $1,100 but not more than $5,100. Further, his driver license shall be revoked (rather than suspended) for a year.

On a third conviction, a defendant is required to serve at least 60 days in jail, but cannot be required to serve more than one year. The fine imposed will be at least $2,100 but not more than $10,100. In addition, the defendant's driver license will be revoked for three years.

A fourth or subsequent conviction of DUI is considered a class C felony, and is punishable by a mandatory jail sentence of not less than 10 days and a potential prison term of not less than one year and one day but not more than 10 years. If the sentence does not exceed three years, confinement may be in the county jail at the judge's discretion. However, if the sentence is one year or less, confinement must be in the county jail. The fine imposed must be at least $4,100 but not more than $10,100. Also, the defendant's driver license is revoked for five years.

In each case, the defendant's mandatory minimum fine and sentence is doubled if he is over 21 and a child under 14 was present in the vehicle at the time of the offense.

In addition, any person convicted of DUI is referred to the court referral office for evaluation, and the defendant is required to complete a program approved by the Administrative Office of Courts. The Department of Public Safety cannot reissue a driver license to a person convicted of DUI without receiving proof that he or she has successfully completed such a program.

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. 

Please e-mail questions for future columns to givenslaw@tds.net.