How to get out of a DUI first offense

On a first conviction of an Alabama DUI what is the penalty, if convicted? Can I have my DUI reduced to reckless driving? If so, what is the penalty for reckless driving in Alabama? These and hundreds of more questions for a DUI in Alabama are answered by the Polson Law Firm annually. Driving under the influence is a crime that can cause a “ripple effect” by impacting a person’s ability to work if driving privileges are taken away.

If your Alabama arrest for drunk driving is classified as a first offense DUI, then (if convicted) you will face the least severe DUI penalties in Alabama. This includes loss of driving privileges for any motor vehicles through suspension or revocation, or other court-ordered punishments, like jail time. For adult drivers (those 21 years old or older), these penalties may be different from a Youthful Offender, for which Alabama laws offer a first time DUI benefit.

By knowing how to pitch (to the Prosecutor) every reduced charge alternative to putting a DUI in Alabama on your criminal record, our Alabama DUI lawyers save most of our clients’ right to drive. The administrative license appeal to the Alabama Department of Public Safety (Alabama DPS) must be done as part of a multi-faceted legal effort to defend you, both administratively and on the underlying criminal case, by first protecting against an administrative license revocation (AN APPEAL TO ALABAMA DPS MUST BE FILED WITHIN 10 days after ARREST).

Then, after protecting your ability to drive, (and moving to the DUI criminal case) our DUI attorneys in Alabama negotiating aggressively, and knowing all of the alternative dispositions under Alabama DUI laws, an accused citizen in our state can sometimes get the DUI dismissed by our DUI lawyers. This is true for those drivers under 21 years old, and over twenty-one. DUI lawyer GA William Head’s Legal Profile at his website.

But, if “driving under the influence” in Alabama is the charge upon which a Alabama DUI charge is processed through the clerk of court (after trial or by virtue of a negotiated plea), some mandatory minimum DUI Alabama punishments and loss of driving privileges will be required by Alabama DUI laws. This is true even for a first offense DUI in Alabama. This web page is dedicating to giving you BASIC information about an arrest for DUI in Alabama, but talking to an Alabama DUI attorney with decades of experience will fill in any other questions not answered here.

*All convicted Alabama DUI offenders are required to complete a DUI or substance abuse court referral program

First Offense DUI in Alabama for a Drunk Driving Conviction

Imprisonment or DUI fine for First DUI Offense – Up to 1 Year in Jail or a fine ranging from $600 (minimum mandatory) to $2,100 or both. The minimum fine for a 1st DUI conviction in Alabama is $600, if the fine is part of your court-ordered DUI penalties of an Alabama DUI.

Driver’s License Suspension/Ignition Interlock –

If it is your first offense Alabama DUI conviction, within 10 years, in Alabama and your blood alcohol concentration (BAC) was less than .15, the driving privilege or driver’s license of the person convicted shall be suspended for a period of 90 days. The 90-day suspension shall be stayed if the offender elects to have an approved ignition interlock device installed and operating on the designated motor vehicle driven by the offender for 90 days.

If, on a first offense Alabama DUI conviction, within 10 years, any person refusing to provide a blood alcohol concentration, if a child under the age of 14 years was a passenger in the vehicle at the time of the offense, if someone else besides the offender was injured at the time of the offense, or if the offender is found to have had at least 0.15 percent or more by weight of alcohol in his or her blood while operating or being in actual physical control of a vehicle, the Secretary of the Alabama State Law Enforcement Agency shall suspend the driving privilege or driver’s license of the person convicted for a period of 90 days and the person shall be required to have an ignition interlock device installed and operating on the designated motor vehicle driven by the offender for a period of one year from the date of issuance of a driver’s license indicating that the person’s driving privileges are subject to the condition of the installation and use of a certified ignition interlock device on a motor vehicle.

Upon receipt of a court order from the convicting court, upon issuance of an ignition interlock restricted driver license, and upon proof of installation of an operational approved ignition interlock device on the designated vehicle of the person convicted, the mandated ignition interlock period of one year provided in this subsection shall start and the suspension period, revocation period, or both, as required under this subsection shall be stayed.

Substance Abuse Treatment (mandatory) – All persons convicted of a 1st offense DUI in Alabama must undergo substance abuse evaluation, and substance abuse treatment, as deemed necessary by the substance abuse counselor.

Mandatory Probation – Because the convicted drunk driver must satisfy all conditions and pay all fines that are part of the DUI sentence in Alabama, and comply with Alabama laws for some time period after the sentencing, probation is a replacement for jail time that the Judge has the discretion to put in place, rather than merely send you to jail. Various states have widely different DUI laws, that are substantially more punitive that a Court of an Alabama DUI, and others may offer penalties of diversion that is substantially better that Alabama DUI penalties. In some states, like Nebraska, probation on a DUI first offense may not be required if the accused is willing to spend a week of jail time is served instead, but in California, after two days of jail, the DUI 1st offense is followed by three years of probation, on a first DUI in that state. So, Alabama first offense DUI probation is somewhere in the middle.

What is the “look back” period for counting a prior DUI in Alabama? Alabama DUI law measures prior first DUI offense by using a five year “look back” period, which means that a DUI second offense within 10 years has increased DUI consequences. Hence, 2nd DUI jail time in Alabama, or felony DUI prison time would be significantly greater, if the driver was not facing a DUI first offense, in the last 10 years.

DUI Jail Time in Alabama – How Long in Jail for DUI? – Upon any 1st DUI Alabama conviction, the Judge sentences the driver. Under Alabama DUI law, the Judge has wide discretion, so that bad behavior or an excessive BAC level might cause a harsher sentence. The convicted DUI driver may be given a jail sentence of up to 365 days in the county jail or municipal jail and be required to pay a fine of between $600 and $2,100, under related Alabama DUI laws. For most of our clients facing a driving while intoxicated charge, jail time for DUI is their number one concern, so our DUI law firm seeks probation for our clients, and not jail time, for a DUI first offense.

Mandatory Substance Abuse – Evaluation and Treatment – The person convicted of an Alabama also will be ordered to attend a court-approved substance abuse program (licensed by the state of Alabama). Out of state residents may be able to have the substance abuse evaluation and any mandated substance abuse treatment sessions performed in their state of residence, but be certain to obtain guidance of your Alabama DUI lawyer before taking a course that may not meet Alabama DPS standards. Our DUI attorneys have made connections with a DUI lawyer in virtually every state in America, and can get these answers for you. While we know Alabama DUI laws and can precisely outline Alabama DUI penalties, for any out-of-state licensee, the partners at our DUI law firm will call upon our long-term, national connections with DWI lawyers and DUI attorneys in all States.

Alabama Driver’s License Suspension for 90 days for Out-of-State Drivers – If he or she is licensed by another state, the privilege to drive in Alabama will be suspended by virtue of any DUI first offense conviction for a period of 90 days. Nationally, the in other states, their department of motor vehicles or department of public safety of another state (like Georgia, Florida, Mississippi or Tennessee) will honor that Alabama DUI license suspension from an Alabama criminal court, once the driver goes back to his or her state of residence, if Alabama DPS reports the conviction and driver license suspension to them, as is required by Alabama law.

Look back Period for Determining 2nd DUI Offense Status – Alabama’s “look back” period under Alabama DUI laws is ten years. This means that if a person has only a first offense DUI, and the day that he or she is convicted of the second offense DUI is more than ten years after the date of conviction for the first DUI offense, he or she will be sentenced within the minimum and maximum range of punishment as a person with a DUI first offense in Alabama. However, if the second offense DUI conviction is within ten years of the date of the DUI first conviction, he or she will be punished for 2nd offense DUI, as a second-time driving while impaired offender in Alabama.

Other States Measure Look Back Periods Differently for First Offense DUI and Second DUI – Not every state follows the same look back “rules” as the state of Alabama. By way of example, Georgia measures a second offense DUI as date-of-arrest to date-of-arrest, and applies a 5-year look back for their drivers license suspension law, but a 10-year look back under the criminal law part of Georgia DUI laws, for adding on very harsh addition DUI penalties and consequences for a DUI second offense.

North Carolina has the same type of look back law in their DWI laws for license suspension, but is similar to Georgia in having a long look back period (7 years). Plus, NC measures the timeframe as being date-of-last conviction to date-of-new-arrest. Because our DUI law firm handles so many DUI in Alabama arrests, our Alabama lawyers constantly need to collaborate with a DUI attorney in a neighboring state, to know these repercussions. This type of law provides much greater punishment for people arrested for DWI in North Carolina, if they are repeat offenders.

Out of State Prior Convictions Complicate Your Alabama DUI Case – So, if you were convicted of DUI-DWI-OWI in any other state, the complexity of our investigation, in analyzing all aspects of your potential DUI Alabama punishment, increases for our DUI law firm. Another neighboring state, Tennessee, now has mandatory ignition interlock for even a 1st DUI conviction, when any conviction for an Alabama DUI gets reported to them. Thus, our DUI lawyers must interpret the impact of Alabama drunk driving laws and inform a Tennessee licensee of that substantial extra cost and restrictions of their driving privileges, when they go back to their home state with an Alabama DUI conviction. Many times, a TN licensee will want to fight the case, rather than simply accept this lengthy driver license suspension, plus ignition interlock cost.

Alabama DUI Penalties and Consequences for Multiple Prior DUI Convictions – Also, below you will see that for 3rd DUI or 4th DUI convictions in Alabama, the legislature looks at your LIFETIME record. This punishment scheme is similar to other states like Michigan, Texas and Florida.

But, other states, like Georgia, utilize a 10-year look back period (for assessing mandatory minimum criminal punishment) for all DUI offenses, with a DUI 4th offense being a DUI felony. Georgia calculates a first offense DUI based on a 5-year look back period.

Plus, since July 1, 2017, Georgia DUI laws now allow a DUI suspect to have 30 days after arrest to file an appeal, or possibly install an ignition interlock device for 12 months. Alabama’s 10-day Alabama DPS appeal period is among the nation’s shortest.

For a Second DUI Conviction: What Happens After 2nd DUI Alabama Offense?

Imprisonment – Jail time from 5 days to 1 Year in Jail or Community Service for a minimum of 30 Days (Judge’s Discretion)

Fine – From $1,100 minimum up to $5,100 maximum

License Suspension/Ignition Interlock – If it is your second offense DUI conviction in Alabama, within 10 years, the driving privilege or driver’s license shall be revoked for a period of one year and the offender shall be required to have an ignition interlock device installed and operating on the designated motor vehicle driven by the offender for a period of two years from the date of issuance of a driver’s license indicating that the person’s driving privileges are subject to the condition of the installation and use of a certified ignition interlock device on a motor vehicle. After a minimum of 45 days of the license revocation or suspension pursuant to Section 32-5A-304, 32-5A-191, or both, is completed, upon receipt of a court order from the convicting court, upon issuance of an ignition interlock restricted driver license, and upon proof of installation of an operational approved ignition interlock device on the designated vehicle of the person convicted, the mandated ignition interlock period of two years approved in this subsection shall start and the suspension period, revocation period, or both, as required under this subsection shall be stayed.

The remainder of the driver license revocation period, suspension period, or both, shall be commuted upon the successful completion of the period of time in which the ignition interlock device is mandated to be installed and operational.

Probation – Up to 2 years

Substance Abuse Treatment – Mandatory

A second offense DUI within five years (of the first DUI offense) is a misdemeanor with a jail term of no less than five (5) days and up to 365 days in the county jail or municipal jail. A judge in an Alabama criminal court may allow a person convicted of drunk driving to perform 30 days of community service in lieu of the required five days of jail time. You should advise your DUI lawyer which option you desire to request from the Court, assuming that you have no way to try to win the case at trial. On a second DUI offense conviction, the accused must be fined not less than $1,100 and not more than $5,100, under Alabama DUI laws. Additionally, his or her driver’s license will be suspended for 1 year, and he or she will be required to attend a court-ordered substance abuse treatment program.

For a Conviction for an Alabama DUI Third Offense

Imprisonment – From 60 Days to 1 Year Jail – Mandatory 60 Days

Fine – $2,100 – $10,000

License Suspension/Ignition Interlock – 3 Years driver license revocation and 3 years of Ignition Interlock.  However, after 180 days of license revocation, the balance of the 3 year revocation may be commuted for the 3 years of Ignition Interlock.

DUI Probation –Up to 2 years, less any days served in Jail

Upon conviction, the person with a 3rd offense DUI will be sentenced to no less than 60 days jail time and no more than 1 year in the county jail or municipal jail. He or she shall be fined between $2,100 and $10,100, have his or her Alabama driver’s license suspended for 3 years and shall be required to complete a court-ordered substance abuse treatment program.

Felony DUI – for an Alabama Fourth DUI Offense

Class “C” Felony Imprisonment – From 1 Year and 1 day to 10 Years, Jail Time is a Mandatory 10 Days minimum and up to Ten Year State Prison term, if Convicted of Class “C” DUI Felony

Fine – Minimum of $4,100 to a maximum of $10,100

Substance Abuse – Complete State-Certified Chemical Dependency Program License Suspension/Ignition Interlock– 5 Years revocation and 5 years of Ignition Interlock.  After a minimum period of 1 year of revocation, and Ignition Interlock may be installed for 5 years to commute the balance of the revocation.

DUI Probation – Up to 5 years

The fourth, or subsequent DUI in Alabama (within 5 years), is a driving under the influence conviction that is a Class C felony DUI. A person convicted of DUI felony in Alabama will be sentenced to no less than one year and one day in state prison and no more than 10 years of imprisonment at an Alabama state prison. This huge range of possible prison sentencing is one place that a DUI attorney with a known reputation and top credentials can make a difference.  The person with an Alabama DUI 4th offense will be fined between $4,100 and $10,100 Dollars, and have his or her Alabama driver’s license suspended for five years. Upon conviction, the accused DUI Alabama offender will also be required to attend a court-approved substance abuse treatment program.

Other DUI Felony Penalties in Alabama

Other Alabama DUI felony penalties include (when eligible for reinstatement after getting out of state prison) the installation of an ignition interlock device, which is a breath alcohol test machine attached to the steering column and ignition wiring of your car. This breathalyzer device records and digitally tracks all attempts to crank the car or truck, and prevents a vehicle from being started or driven when any measurable amount of alcohol is detected in your breath.

Under Alabama Felony DUI Law, once a person has ever been convicted of Felony DUI in their lifetime, any future arrest for DUI is automatically prosecuted as a Felony DUI, regardless of how old the prior convictions may be. Therefore, the net to catch and create Felony DUI cases in Alabama has dramatically increased by adding a longer 10 year “look back” for a first Felony DUI, to a lifetime for any second or subsequent Felony DUI.

Beyond DUI Attorney Reviews – A Checklist of Legal Industry Benchmarks

America’s oldest and most esteemed lawyer rating service is Martindale-Hubbell. The best lawyers only reach top attorney ratings from other attorney reviewing them, for skill level and ethical conduct. This is called “peer review.”

Martindale-Hubbell’s highest possible rankings are “av” and “preeminent” which indicates the highest attorney skill level and highest ethical ratings for lawyers. Both Mark Polson and Whitney Polson are ranked at this highest lawyer rating. See Birmingham DUI Lawyer, Mark Polson’s Martindale badge below:

To achieve the highest peer-reviewed, lawyer ratings, Alabama attorneys Mark Polson and Whitney Polson have built careers by knowing Alabama DUI laws. The attend DUI training seminars, and are invited speakers at many seminars DUI laws. The father-son team provide criminal defense advice to other attorneys in Alabama who do not practice criminal defense.

The Polson Law Firm’s dedication to obtaining the highest level of training on police tactics, and field sobriety tests, has let them reach the pinnacle of Alabama DUI Defense. This specialization in defending DUI Alabama cases has pushed them both to top attorney ratings, for both criminal law and DUI in Alabama. Their proven DUI trial results as drunk driving lawyers in Alabama, and for other criminal cases relating to alcohol and drugs (e.g., possession of marijuana, or selling weed) is the source of these excellent DUI attorney reviews.

The Man Who Wrote the Book on Drunk Driving Alabama DUI Laws

Birmingham criminal defense lawyer Whitney Polson (along with 3 other DUI lawyers in Alabama) co-authored a new drunk driving book outlining Alabama DUI laws and DUI attorney defense strategies. The title, Alabama DUI Defense, has been the Polson Law Firm criminal defense attorney web site name for over a decade. The 2016 tracks that very valuable phrase.

How to Beat a DUI in Alabama Is Revealed in the New Drunk Driving Book

Drunk driving defense has been a cornerstone of our Birmingham DUI attorney practice for almost half a century. When it comes to citizens facing criminal DUI in Alabama chares, the central issue for both DUI defense attorneys at Polson Law Firm is how to beat a DUI. This book, co-authored by Birmingham DUI attorney Whitney Polson, recaps little-known DUI defense strategies that have helped Mark Polson, DUI Lawyer Birmingham AL, and Whitney Polson, Birmingham DUI lawyer, carve out a reputation for expertise in DUI defense.

The drunk driving book, written in 2016 for DUI defense lawyers, lists over 900 important cases on Alabama DUI law that are already to known to DUI specialists like the Polsons. The gist of this book is to explain Alabama DUI law and how the information contained here can be a roadmap for how to beat a DUI in Court.

This is the reason that Birmingham DUI attorney and Alabama DUI law book co-author Whitney Polson and his father, Mark Polson, an expert of Alabama DUI laws for 56 years, fight so hard to prevent even a first offense DUI from being on your Alabama driver’s license. By never having a DUI Alabama at all, this is the best possible outcome. The Birmingham DUI lawyers are ready to take action to save your driver’s license, and look for answers on how to get out of a DUI in Alabama.

Appellate Courts Interpret Alabama DUI Laws

The Alabama Legislature writes DUI laws in Alabama. These are more commonly called “statutes.” Then, when disputes arise about how the statutes apply to a particular case, the Judicial system gets to determine the meaning of those Alabama statutes pertaining to DUI laws in AL. Unless the Legislature acts to change this, this new interpretation will alter the DUI defense strategies of your Alabama DUI lawyer.

This recent case seems to have forever changed the two-court system in Alabama wherein a person could fight a case or enter a guilty plea in the lower court (usually Municipal Court), but then “start over” in the Circuit Court. This “second bite at the apple” can still be accomplished, under Alabama DUI laws, but the harmful admissions of guilt made by the person entering a guilty plea in the lower court is now usable against the person, by the Prosecutor. Here is part of the Court ruling:

The entry of a guilty plea by the defendant is a voluntary admission and constitutes evidence of culpability. The defendant’s guilty plea does not function as a conclusive presumption of guilt, and, like any other piece of evidence, the evidence of a guilty plea can be challenged. Indeed, a defendant’s decision to enter a guilty plea in the district court may be based on any number of considerations. For example, a defendant could argue that, even though innocent, he or she entered a plea of guilty to avoid the risk of a harsher sentence at trial. [Woods was convicted under Ala. Code § 32-5A-191(a)(1). Woods v. State, — So.3d —-, 2016 WL 7428394 (2016)]

You Need an Expert DUI Attorney in Alabama

People facing DUI in Alabama ask around for names of the top DUI lawyers in Alabama, and one of both of the Polsons gets named in almost every answer. Intuitively, people arrested for an Alabama DUI look for the DUI attorney in Alabama who has amassed a track record for successfully handling the most Alabama DUI cases. With their track record, the Polson Law Firm is the first law firm mentioned, in most conversations.

Birmingham DUI attorney Mark Polson, and his son Whitney, bring 56 years of combined DUI law experience and thousands of successful driving under the influence cases that have been dismissed, acquitted, deferred or cases in which reductions were obtained (e.g., an Alabama DUI reduced to reckless driving).

Get Your FREE Lawyer Consultation Today

If you or someone you care about has been arrested for Alabama DUI, please contact a reputable, experienced DUI lawyer who knows DUI law Alabama at once to get fully informed about Alabama drunk driving laws. Call our qualified Alabama DUI defense lawyers for a FREE case consultation.

When you only have one chance to win your Alabama DUI, why not go with an experienced, reputable, expert Alabama DUI lawyer?

An Alabama DUI attorney from Polson Law Firm can come to your location, if necessary, after a serious auto accident. Our Birmingham DUI lawyers Fight Alabama DUI charges across the entire State of Alabama, as well as other misdemeanor or felony criminal offenses.

If you were arrested for an Alabama DUI, CALL OUR DUI LAW FIRM now at our Birmingham DUI lawyer office. 205-871-8838. You can also call our Birmingham DUI attorney office toll free at 1-844-7POLSON [1-844-776-5766]. 

*All convicted Alabama DUI offenders are required to complete a DUI or substance abuse court referral program

We Can Come To You. We Fight DUI Charges Anywhere in Alabama.

Call us Today: (205) 871-8838