Understanding the Impact of a DUI Conviction in St. Clair County

How Does Alabama Recognize DUI?

The State of Alabama recognizes a DUI or driving under the influence as an offense when a motorist operates a vehicle with a blood alcohol content or BAC of 0.08% or more. For offenders under the age of 21, a BAC of 0.02% or more is indicative of a DUI. Additionally, a person is charged with a DUI if they are under the influence of any drug or substance that renders operating a vehicle unsafe. Alabama does not specify a law or distinction for driving while intoxicated or DWI.

Can a DUI Charge Only be Given to a Driving Motorist?

No. In Alabama, a person can be charged with a DUI if they are in the position to operate or control a vehicle without actively driving it.

 A jury will consider the following factors to determine if a motorist could set the car in motion while intoxicated:

• Where the driver is in relation to the car
• Where the car is located
• Where the keys to the car are located
• Whether the car was started or not
• Whether the driver was asleep or awake

How is a DUI Investigated?

Obtaining a driver’s license comes with the implied consent to sobriety tests and BAC testing. Refusal of these tests may warrant an immediate arrest or detainment, loss of driver’s license, and a test refusal included as evidence.

An officer may suspect and pull over a driver for a DUI if they are:

• Driving erratically or unsafe
• There is a heavy smell of alcohol
• Speech is slurred
• Poor coordination
• Open containers are noted within the vehicle

Per Se DUI Law

A DUI charge that is based on BAC and not the driver’s level of impairment is known as a per se DUI. As stated, a BAC of over 0.08% is grounds for a DUI arrest. The amount of alcohol necessary to exceed this limit is based on several factors, including gender, body type, and the amount of alcohol consumed.

What Penalties are Associated With a DUI?

Alabama courts only consider prior offenses that occurred within the past ten years. Depending on the circumstances of the arrest, DUIs may be misdemeanor or felony charges.

For a first DUI:

• Typically, it is a misdemeanor
• Punishable by up to one year in jail
• A fine of up to $2,100
• A 90-day license suspension unless a six-month ignition interlock device is installed

For a second DUI within ten years:

• Typically, it is a misdemeanor
• Punishable by up to one year in jail
• A fine of up to $5,100
• A one-year license suspension
• A  two-year ignition interlock device installation

For a third DUI within ten years:

• Typically, it is a misdemeanor
• Punishable by up to one year in jail
• A fine of up to $10,100
• A three-year license suspension
• A three-year ignition interlock device installation

For a fourth DUI within ten years:

• Typically, it is a felony
• Punishable by up to ten years in jail
• A fine of up to $10,000 
• A five-year license suspension
• A four-year ignition interlock device installation

A judge may suspend all but ten days of a sentence and grant probation to a fourth-time offender. Probation requirements often include completion of a chemical dependency program and possible alcohol monitoring.

Subsequent DUI offenses:

After a fourth DUI  in ten years, all future DUI convictions are considered class C felonies and penalized using the punishments for fourth DUI convictions.

DUIs involving death or injury:

• Typically, it is a felony
• It may warrant additional felony charges such as assault, negligent homicide, manslaughter, or murder.

Underage DUI Penalties:

A driver under 21 years of age with a BAC of 0.02% or more may be convicted of a DUI. A first offense does not carry jail time or a fine but does require a 30-day license suspension. Second and subsequent charges carry the standard penalties associated with adult DUI.

What Other Penalties are Associated with a DUI Conviction?

Court-related consequences for a DUI charge include:

• Permanent arrest record: A DUI is the only traffic offense that will show up on the NCIC database kept by the FBI.
• Conviction cannot be expunged: While most misdemeanor convictions that do not involve violence may be eligible for expungement, a DUI or reckless driving offense is specifically excluded and, therefore, ineligible.
• Mandatory probation: Probation is required for all DUI convictions and may last for two years for a misdemeanor charge and five years for a felony.

Driver’s license consequences for a DUI charge:

• Mandatory license suspension or revocation: Duration varies based on prior DUI convictions.
• Mandatory SR-22 Certificate of Insurance: All license revocations issued by law enforcement require that the driver submit this document to seek re-licensing and to maintain the certificate for three years. A license will not be issued without the form. 
• Commercial driver’s licenses will be revoked: A CDL endorsement is prohibited for up to one year for a first DUI offense and a lifetime revocation for a secondary offense.

Insurance consequences:

• Denial of life insurance
• Denial of workman’s compensation: If convicted while working, a claim could be denied due to an illegal act that caused injuries

Other consequences include:

• Denial of a rental car
• Denial of entry to other countries
• Denial of citizenship naturalization
• Deportation
• Denial or termination of employment
• Denial of retaining or obtaining professional licenses
• Loss of company vehicle or insurance
• Revocation of gun ownership rights
• Military sanctions
• Child custody and visitation restrictions
• Sanctions by educational establishments
• Loss of scholarship
• Loss of positive public image

Do You Need an Attorney?

As you can see, Alabama severely penalizes DUI offenders. If you or a loved one have been convicted of a DUI, you have rights you may not be aware of. Let Jim Golden Law fight with you for your future. Call 866-950-6652 or complete a contact form for a free 30-minute strategy session.