Like many other US states, DUI/DWI law in the state of Alabama includes both a criminal case, as well as a Department of Public Safety drivers license case.
DUI/DWI charges can be filed against somebody who is operating a motor vehicle while under the influence of impairing substances such as alcohol or drugs.
Drivers can also be arrested for DUI/DWI if they are in violation of Alabama’s per se laws, making it a crime to be operating a motor vehicle with a blood alcohol level equal to .08. They do not have to show any signs of impairment to be arrested if their BAC is .08, as it is a crime to be driving with that amount of alcohol in your blood.
Under DUI law, a guilty party does not even have to be caught while operating a motor vehicle. In some cases, just being found in the car with a BAC over the legal limit can prompt an arrest.
Anybody in the state who refuses to take a breath test, chemical blood test or urine test following their arrest upon the request of a police officer, can be subjected to additional punishment one that automatically includes a 90 day suspension of their license.
Punishment for being found guilty of a DUI/DWI offense has gotten much harsher over the years, and is determined by the amount of prior offenses.
– First offense is classified as a misdemeanor, which can carry up to a 1 year prison term, or a fine between 600 and 2100 dollars. The guilty party must also attend a substance abuse program, and will be subjected to a 90 day suspension from driving.
– A second DUI/DWI offense within 5 years of the first offense results in a misdemeanor charge, with no less than 5 days spent in prison and no more than 1 year spent in prison. A judge may allow for 30 days of community service to be performed instead of the first 5-day jail stay. Furthermore the defendant will be subjected to a fine between 1100 and 5100 dollars, lose his/her license for a year, and substance abuse classes must be attended.
– A third DUI/DWI offense is also classified as a misdemeanor. The defendant will spend no less than 60 days in jail and no less than 1 year in prison. Fines range from 2100 to 10100 dollars, a 3 year suspension of their license, and completion of a court approved substance abuse program.
– 4th or subsequent DUI/DWI convictions result in a Class C felony. Punishment ranges from no less than 1 year and 1 day and no more than 10 years in prison, fines between 4100 and 11100 dollars, a 5-year suspension of their license, completion of a court approved substance abuse program, and possibly the applying of an ignition interlock to the defendants car.
Originally posted 2016-12-11 11:40:54.