Administrative Penalties in Alabama
If you get arrested for a DUI or refuse to be tested for a chemical test, you will automatically get penalized from the Alabama Department of Public Safety (DPS). The penalties are known as Administrative penalties and are in addition to any other penalties that you may face in the court of law. When you are arrested for DUI, these penalties go into effect immediately and your driver’s license will be suspended for:
- 1st Offense: 90 days
- 2nd Offense: 12 months
- 3rd Offense: 3 years
- 4th and Subsequent Offense: 5 years
For anyone under the age of 21 years old, their license will be suspended for 30 days on the first offense. If there are additional offenses, it may cause their license to be revoked for longer periods of time. In addition, if there are other circumstances, such as Blood Alcohol Level (BAC), type of license that is held, or if an accident occurred, these factors can increase the suspension period. Anyone who has their license suspended must complete a Substance Abuse or DUI Court Referral Program. In order to fight for an Administrative Hearing. In order to qualify for an Administrative Hearing, you must do so within ten days of your DUI arrest.
Alabama DUI Criminal Penalties
Criminal Proceedings for your DUI case begin soon after your arrest and, within a few days of your arrest, you will be required to appear at the arraignment where you and your attorney will enter a plea. If you plead not guilty, your DUI case will go to trial. If your trial results in a conviction, you may be sentenced by the court. If your attorney reaches a plea on your behalf, you may have lesser penalties and a decreased charge.
The penalties for a DUI conviction can vary for many reasons, including your blood alcohol content, the number of infractions on your record and whether or not your DUI resulted in injury or accident. Many DUIs are classified as misdemeanors, but they may still result in license suspension, vehicle impoundment and jail time. Penalties may vary depending on the circumstances and severity of your DUI. The Criminal Penalties are as follows:
- For a 1st Offense of a DUI, you may receive:
- Up to 1 year in jail.
- A fine of $500 to $2,000, plus a charge of $100 for the Impaired Drivers Trust Fund
- For a 2nd Offense, you may face:
- 48 hours to 1 year in jail (required to serve the minimum) OR minimum of 20 days community service.
- A fine of $1,000 to $5,000, plus a $100 fee for the Impaired Drivers Trust Fund
- For a 3rd Offense of a DUI within 5 years, you may face:
- 60 days to 1 year in jail (required to serve the minimum)
- A fine of $2,000 to $10,000, plus $100 for the Impaired Drivers Trust Fund.
- For a 4th Offense or subsequent Offenses within 5 years, you may face:
- Prison time of 1 to 10 years
- A fine of $4,000 to $10,000
