Actions Against DUI/DWI for Alabama Drivers Over 21 Years Old
If you are caught with a Blood Alcohol Content (BAC) of 0.08% or higher and you are over the age of 21 years old, you may be subjected to criminal actions in addition to Administrative Actions. If the DWI/DUI incident you are involved in is subjected in criminal action, your first line of defense is to hire an experienced DUI attorney who will help offer you the best advice. Under Alabama Law, you have only ten days from time of arrest to request from an attorney to try to save your license.
- The First Conviction Penalty:
- Is a misdemeanor with a $600 to $2,100 fine and/or imprisonment for up to one year. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
- Your license will be suspended for 90 days.
- You will have to attend DUI School
- The Second Offense or Two Offenses in Five Years:
- Is also a misdemeanor and is penalized with a fine between $1,100 to $5,100 and/or jail sentence ranging from 48 hours to a year. Also, if convicted for the second offense of DWI, DUID or BAC:
- You will have to undertake minimum 20 days of community service
- Your license will be revoked for one-year
- The Third Offense or Three Offenses in the Lifetime of the Person is Penalized With:
- A fine between $2,100 to $10,100 and/or minimum mandatory jail sentence ranging from 60 days to a year. Also, if convicted for the third offense of DWI, DUID or BAC
- Your license will be revoked for three years
- The fourth offense is treated as a Class C Felony and may result in a fine ranging from $4,100 to $10,100 and/or imprisonment from anywhere between 366 days to over ten years. Also, if convicted for the fourth offense of DWI, DUID or BAC
- Your license will be revoked for five years
Actions Against DUI/DWI For Alabama Drivers Under 21 Years Old
Six points will be added to your driving record if you are convicted with a charge involving drunk driving without any mandatory revocation of the driver license.
- The license may be suspended or revoked for 90 days after the first conviction, for one year after the second conviction, and for three years following the third or subsequent conviction.
- Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.
Administrative Actions Against Alabama DUI/DWI:
Alabama state laws have administrative implications that are in addition to the criminal laws from DWI/DUI. An Officer can arrest if a driver is:
- He/she is aged 21 and above and is driving with BAC 0.08% or more.
- He/she is aged below 21 and is driving with BAC 0.02% or more
If you are arrested for DUI/DWI, the arresting Officer will confiscate your Alabama driver license and complete a Notice of License Suspension/Revocation. The driver can request an Administrative Hearing after Notice of Suspension/Revocation. If the driver, however, does not request a hearing, then the suspension/revocation begins after the arrest, and is final. Because of the severity of a DUI Offense, it is recommended to consult a DUI/DWI attorney as quickly as possible.
For Offenses for those with alcohol-related convictions in this five-year period, the license will be revoked for one year. If there are no prior violations, the license will be suspended for 90 days.
For an Alabama DUI/DWI Offense with no prior DUI/DWI Office in a five-year period (in Alabama or any other state), will result in suspension of registration of all motor vehicles owned by you for the period that your license remains suspended.
Vehicle confiscation penalties permit a Law Enforcement Agency or Motor Vehicle Department to seize your vehicle for an allotted amount of time or permanently. Penalties such as these are typically applicable only to repeat DUI Offenders. Vehicle returns often involve very large Administrative costs and there may also be fines to be paid.
