Baxley Maniscalco Attorneys At Law
2013 Code of Alabama Title 32
Driving while under influence of alcohol, controlled substances, etc.
(a) A person shall not drive or be in actual physical control of any vehicle while:
(1) There is 0.08 percent or more by weight of alcohol in his or her blood;
(2) Under the influence of alcohol;
(3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving;
(4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or
(5) Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.
Age Restrictions and BAC Limits (Blood Alcohol Content)
- Under 21: Driving with BAC of 0.02% or more is illegal (a)
- 21 and Over: Driving with BAC of 0.08% or more is illegal (c)(2)
- School Bus/Day Care Driver: Driving with BAC greater than 0.02% is illegal (c)(1)
Penalties:
- First Offense (a)(e), (f):
- Fine: $600 - $2,100
- Jail time: Up to 1 year
- License suspension: 90 days
- Ignition interlock device required in some cases (e)
- Second Offense (f):
- Fine: $1,100 - $5,100
- Jail time: Up to 1 year (including mandatory minimum)
- License suspension: 1 year
- Ignition interlock device required (f)
- Third Offense (g):
- Fine: $2,100 - $10,100
- Jail time: 60 days - 1 year (including mandatory minimum jail time)
- License suspension: 3 years
- Ignition interlock device required (g)
- Fourth or Subsequent Offense (h):
- Felony charge
- Fine: $4,100 - $10,100
- Jail time: 1 year and 1 day - 10 years (including mandatory minimum jail time)
- License suspension: 5 years
- Ignition interlock device required (h)
Additional Factors Affecting Penalties:
- Refusal of Chemical Test (e), (u)(2): May increase penalties
- BAC of 0.15% or More (i): Double minimum penalties
- Child Under 14 Present (j), (p): Double minimum penalties
Post-Conviction Requirements (k), (s):
- DUI/Substance Abuse Program Completion
- Ignition Interlock Device Installation (for some offenses)
- Fees associated with installation and monitoring (s), (v)
Other:
- No bond release until BAC falls below legal limit (n)
- Reporting of Repeat Offenders to Probation Court (o)
- Municipal Ordinance Fines (m)
- Vehicle Registration Suspension for Repeat Offenders (r)
- Ignition Interlock Device Provisions (s), (t), (u), (v)
- Employer Not Required to Install Ignition Interlock Device (w)
First Offense with Low BAC
Alabama offers a first-time offender grace period for those with a BAC between 0.02% and 0.08%. This results in a more lenient punishment: a 30-day license suspension instead of 90 days.
There's also no mandatory public disclosure of the arrest or conviction on your record (except to courts, law enforcement, and your employer) [Section 32-5A-191(f)].
This can be helpful for individuals who may face professional repercussions due to a DUI conviction.
Chemical Test Refusal
Don't be fooled by the right to refuse a chemical test in Alabama. It might seem appealing but know that refusal leads to increased penalties.
A first-time offender faces a harsher punishment of a one-year license suspension compared to the standard 90 days for cooperating with a chemical test [Section 32-5A-191(e)].
Ignition Interlock Device (IID)
For multiple DUI offenses, Alabama mandates the use of an IID. This device prevents the car from starting if the driver's BAC is above a pre-set limit.
The Alabama Department of Public Safety may also charge a fee for issuing a license restricted to vehicles with an IID installed [Section 32-5A-191(s) & (u)].
Enhanced Penalties
Alabama has stricter penalties for DUIs that endanger others.
Child endangerment: If a child under 14 is present in the vehicle during a DUI, minimum penalties are doubled [Section 32-5A-191(j) & (p)].
High BAC: A BAC of 0.15% or more leads to doubled minimum penalties [Section 32-5A-191(i)].
A DUI conviction often comes with additional requirements beyond the initial penalties.
DUI/Substance Abuse Programs: Alabama may require completion of a DUI or substance abuse program depending on the offense severity [Section 32-5A-191(k) & (s)].
Ignition Interlock Device Installation: As mentioned earlier, the state may mandate an IID for certain offenses, with associated fees for installation and monitoring [Section 32-5A-191(s) & (v)].
Never Settle Cheaply
Facing a DUI charge in Alabama can feel overwhelming. Fines, license suspension, and even jail time loom large, leaving you unsure where to turn. But you don't have to navigate this alone. Baxley Maniscalco is here to help.
We understand the complexities of Alabama DUI laws and the severe consequences a conviction can bring. Our experienced legal team knows how to fight for your rights and pursue the best possible outcome for your case.
Here's why settling your DUI case with Baxley Maniscalco might be the right move:
- Reduced Charges: We can negotiate with prosecutors to potentially reduce your charges, minimizing fines and potential jail time.
- Driver's License Protection: Our goal is to minimize the impact on your driving privileges.
- Avoid Court: Save yourself the stress and uncertainty of a trial by settling your case beforehand.
- Move Forward: Get this resolved quickly and efficiently so you can focus on rebuilding your life.
Don't wait. Contact Baxley Maniscalco today for a free consultation.
We'll assess your case and discuss your options for achieving a favorable settlement.