What Happens To First Time Offenders in Alabama?
- What Happens To First Time Offenders in Alabama?
- Aggravated DUI In Alabama
- When Is A DUI Considered Aggravated DUI?
- Penalties For Aggravated DUI
- DUI Felony In Alabama
- Extenuating Circumstances
- Penalties For Felony DUI
- Get DUI Help: Repeat Offenses for DUI Arrests
- Hire an Experienced Alabama DUI Attorney Today
Crossing the alcohol limit boundary of being found out to have 8% blood alcohol content- or an amount that renders a potential offended incapacitated to drive will definitely get you a DUI conviction. DUI or driving under the influence applies to alcohol, prohibited and non-prohibited drugs use.
Don’t think that you can get off easy because it’s your first time to be arrested for a DUI. All your previous arrest and conviction records may be taken into consideration during a sentencing hearing and may end up costing you more than an arm and leg when it comes to time spent in the slammer and community fines for your DUI.
A first time offender for a DUI charge can be charged with a fine of anywhere from six hundred to twenty one hundred dollars and additional charges detriment to the Drivers Trust Fund. You can also spend a non-mandatory minimum sentence up to a year in prison and if that’s not enough, get your license suspended for 90 days.
Once someone charged with a DUI has been convicted, they are prescribed an obligatory alcohol evaluation program to examine the temperament and amount of the substance problem, which costs around fifty dollars and will have to be shouldered by the offender.
All convicted offenders are REQUIRED to go through the education and treatment plan as indicated by the substance assessment protocol and with most cases if it is a repeat offense, intensive out-patient rehabilitation program with monitoring by the court officer is given as part of the sentencing requirement. If you have failed to comply with court mandated rehabilitation then you can find yourself due back in court, and facing severe charges which could result to incarceration.
For minors who are under 21, on a first offense basis and have been found to contain .02% BAC, but less than .08%, a recommendation of 30 day license suspension and a 250$ fine for delinquency disposition is mandated with completion of a substance abuse program as referred by the court.
Commercial vehicles are mandate the same court sentencing with a consequence of a year’s worth of suspension for offenders to have been found with a BAC of .04 and an additional two years of license suspension if they fail to submit to proper testing and rehab evaluation.
Aggravated DUI In Alabama
Although driving under the influence (DUI) is a relatively common offense in the United States, it remains a serious criminal charge in all 50 states—and with its tough sentencing guidelines, Alabama is no exception. In fact, state law defines a number of scenarios where a drunk driving charge can be escalated to a more serious offense known as “Aggravated DUI.”
When Is A DUI Considered Aggravated DUI?
Generally speaking, there are five basic factors that will determine whether a DUI is upgraded to an aggravated offense—they include your prior record of driving under the influence and blood alcohol content (BAC), as well as the circumstances of your arrest, age of passengers in your vehicle, and whether you were involved in an auto accident.
If you are a repeat offender (meaning you have been convicted of one or more DUIs within the past five years), may be charged with aggravated DUI if you are charged with a subsequent offense. Your offense may also be classified as aggravated DUI if your blood alcohol content was more than twice the legal limit at the time of your arrest (0.16% or higher), or you had an underage passenger in your vehicle. Finally, if you were involved in a serious auto accident, were driving on a suspended license, or were caught driving 20 miles or more above the speed limit, your DUI will once again be elevated to an aggravated DUI charge.
Penalties For Aggravated DUI
If you are convicted of aggravated DUI, your sentence will most likely include a minimum $4,000 fine, up to two years of jail time, and a one-year license suspension. In some cases, your offense may even be classified as a felony—which means you may face even harsher consequences.
You should also be aware of the impact a DUI conviction can have on your personal life. Once you’ve served your sentence, your offense will remain on your criminal record—which will undoubtedly jeopardize countless employment, housing, and educational opportunities in the future. You can also expect to pay far more for auto insurance if you have a DUI conviction on your record.
With so many consequences at stake, it’s easy to understand why many drivers decide to obtain legal representation after being arrested for aggravated DUI—and with the right legal strategy, many are able to get their charges reduced or dismissed in court. In fact, we have helped clients throughout Alabama secure a favorable resolution for their cases thanks to their training and experience.
DUI Felony In Alabama
If you were recently arrested for driving under the influence (DUI) in Alabama, did you know that the offense could be classified as a felony? Indeed, state law specifies the number of instances where a DUI—typically a misdemeanor crime—can be treated as a felony charge. Here’s what you need to know about felony DUI in Alabama.
Although most DUIs are considered misdemeanor offenses, in cases that involve “extenuating circumstances,” the charge may be elevated to a felony. For example, if you have been convicted of four or more DUIs within a five-year period, a subsequent offense will be treated as a felony. Likewise, if you were arrested after being involved in a serious auto accident that caused significant property damage and/or led to the death or injury of another person, you will most likely be charged with felony DUI for your actions.
In addition to the above scenarios, a DUI may also be classified as a felony offense if you were traveling with an underage passenger, were driving in a school zone, or were going 30 miles or more above the posted speed limit. You can also expect your offense to be treated as a felony if your driver’s license was suspended at the time of your arrest or you were caught driving with a blood alcohol content (BAC) of 0.16% or more.
Penalties For Felony DUI
Regardless of the circumstances surrounding your arrest, you will face some very stringent sentencing guidelines if you are charged with felony DUI. In addition to losing your driver’s license for five years or more, you can expect to spend anywhere from one to ten years behind bars (depending on the situation) and pay as much as $10,000 in fines. A felony conviction will also result in the loss of a number of civil liberties, including your right to vote, purchase firearms, and travel outside of the country.
Last, but not least, if you are convicted of felony DUI, your conviction will haunt you long after you have completed the terms of your sentence. From paying two to three times more for auto insurance to finding yourself ineligible for certain housing, educational, and employment opportunities, a felony conviction can wreak havoc on your personal life.
Of course, the good news is that being charged with felony DUI is a far cry from being convicted of the offense. In fact, DUI attorneys have helped many clients get their DUI reduced to a misdemeanor offense or—in some cases—even dismissed entirely.
Get DUI Help: Repeat Offenses for DUI Arrests
A conviction for DUI in the state of Alabama should be taken seriously. An arrest and conviction record for DUI has long term effects in many respects of your life including employment, personal records and the amount of time served as part of sentencing in the event of a repeat DUI charge. As with most states, harsher penalties are imposed on repeat DUI offenders, who are treated with the same sentencing if not more stringent, parameters as suspected offenders who are convicted of particularly high BAC at the time of the offense.
People categorized as “extremely intoxicated” have a BAC of .15 to .20 and require additional sentencing parameters, such as required alcohol rehabilitation programs and criminal charges which may face incarceration of up to five years. This is fairly similar to repeat offenders.
A repeat offender, per certain degree who are arrested for a DUI charge are subject to more criminal law penalties which may not be covered here, such as additional jail time, required community service, appointed court fines and enforced substance abuse treatment. This form of sentencing is more discretionary than identified for first time offenders and are difficult to pinpoint as it can be modified by a presiding judge or court ruling, depending on the history and arresting circumstance for the person charged.
Penalties incurred for repeat DUI offenders who are involved in accidents or cause severe bodily harm and worse death, will be subject to the maximum sentencing parameters for the charge and can be charged with Felony DUI which can result to an extensive jail term and court appointed sentences.
Hire an Experienced Alabama DUI Attorney Today
The most important aspect of your defense is hiring a law firm that has a deep understanding of the DUI laws that govern conviction, plea bargaining, appeal and sentencing for the state of Alabama. There are reputable law firms with an established practice that will make a significant difference in the outcome of your DUI charge. You can contact DUI lawyers either by phone or online. The first consultation is completely confidential and is normally free of charge.
To discuss your case with an Alabama DUI defense attorney – at no cost to you–please complete their online form today.