Punishments for a Birmingham DUI Offender
The punishments for DUI in Birmingham are severe and could seriously impact your life now and in your future. The DUI attorneys of Lakeman & Peagler, L.L.C. in Birmingham discuss DUI in Alabama and explain the penalties for the first and subsequent offenses.
The penalty for refusing a chemical BAC test after a DUI arrest in Birmingham is an automatic 90 day license suspension.
Penalties for Birmingham drunk driving are based on whether the offender has had previous arrest for DUI and become more severe with each offense. Alabama uses a five year “look back” period for repeat offenses, meaning that if you have more that one DUI arrest in a five year period it counts as an additional offense. After five years, a new arrest for DUI is considered as a first offense.
The penalties for a Birmingham DUI first offense include:
- Up to one year in jail
- 90 day suspension of your driver’s license
- A fine ranging from $600 up to a $2,100
- Completion of a mandatory court approved substance abuse program.
The DUI second offense will have the following penalties:
- Mandatory minimum of five days and up to one year in jail
- One year suspension of your driver’s license
- A fine ranging from $1,100 up to $5,100
- Completion of a mandatory court approved substance abuse program
Penalties for the DUI third offense are:
- Mandatory minimum of 60 days and up to one year in jail
- Three year revocation of your driver’s license
- A fine ranging from $2,100 up to a maximum of $10,100
- Completion of a mandatory court approved substance abuse program
The penalties for the fourth DUI conviction and all subsequent convictions are:
- Mandatory one year and one day in jail, up to ten years in prison
- Five year revocation of your driver’s license
- Fines ranging from a minimum fine of $4,100 up to a maximum of $10,100
The first three offenses are considered misdemeanors but the fourth offense is a class C Felony. The courts have some leeway in setting the punishments within the ranges provided and determine the penalties based on the individual circumstances of each case. Sometimes community service may be substituted for jail time and penalties are more severe when there are children under 14 years in the vehicle during a DUI offense.
