DUI In Alabama Second Offense
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Driving under the influence (DUI) is a serious crime in the United States—and if you are arrested in Alabama, you will face some of the toughest sentencing guidelines in the country, especially if you are a repeat offender. Indeed, a second offense carries some harsh criminal penalties under Alabama DUI laws.
2nd DUI in Alabama
If charged and convicted of a 2nd DUI, an offender may face several legal ramifications such as increased fines, mandatory jail time, possible vehicle forfeiture, driver’s license suspension or revocation, and alcohol education classes. It is important to understand the consequences of this charge and take steps to protect your future.
The fines associated with a second DUI conviction in Alabama are significantly higher than those imposed for first-time DUI offenses. For a second DUI within five years of the first, the fine can range from $1,500 to $7,500. Additionally, an offender may be required to pay up to $1,000 for legal fees.
A second DUI conviction in Alabama also carries a minimum of 48 hours of jail time which could increase if other related charges apply. Furthermore, an offender may be ordered to complete 30 days of community service, and many states require mandatory alcohol awareness classes or programs.
If convicted of a 2nd DUI in Alabama, your driver’s license will be suspended for up to two years or revoked if necessary. In addition, your vehicle may be subject to forfeiture if law enforcement officers find evidence of alcohol use in the vehicle at the time of the offense.
It is important to understand the potential legal implications of a second DUI conviction in Alabama and take steps to protect yourself. If you have been charged with a second DUI, contact an experienced attorney who can help to ensure that your rights are protected throughout the process.
Are You Considered A Repeat Offender?
From a legal perspective, any person who has been convicted of driving under the influence within the last five years is considered a repeat offender if he or she is arrested for a subsequent offense. Unlike a first offense, a second DUI conviction carries a minimum five-day jail sentence, as well as a one-year license suspension and up to a $5,100 fine. You will also have to perform at least 30 days of community service if you are found guilty of a second drunk driving charge.
Jail Time
If you’re facing a second offense DUI in Alabama, you may wonder what kind of jail sentence you could face. In Alabama, judges have wide sentencing discretion regarding DUIs, meaning that the severity of your sentence can depend on a variety of factors, such as your behavior during your arrest, any high blood alcohol content levels found when you were tested, and whether or not there were children present in your vehicle at the time of your arrest.
On average, those convicted of a second offense DUI in Alabama will receive a jail sentence ranging from five days to 365 days in either a county or municipal jail. Additionally, fines for those convicted of a second offense DUI range from $1,100 to $5,100.
Mandatory Substance Abuse Program
If you are convicted of Driving Under the Influence (DUI) in Alabama, one of the mandated penalties is that you must attend a substance abuse program approved by the state court. Fortunately for out-of-state residents, it may be possible to receive an evaluation and any subsequent required treatment sessions in their home state. However, for peace of mind, it’s best to check with an experienced DUI lawyer in Alabama beforehand to ensure that this course meets the standards set by the Alabama Department of Public Safety.
“Look back” Period for 2nd DUI in Alabama
In Alabama, if you are convicted of a second DUI offense within ten years of your first conviction, you will be punished as a repeat offender. This ten-year period is referred to as the “look back” period, and it applies to all DUI offenses in the state.
No matter how much time has passed between convictions, it is important to understand the consequences of driving under the influence in Alabama. If you are found guilty of a second DUI offense within the look-back period, you may face increased penalties such as fines, jail time and driver’s license suspension or revocation.
It’s important to know the law before getting behind the wheel, so if you’ve been convicted of a DUI in the past, take steps to ensure that your behavior is in compliance with Alabama DUI laws and regulations. Driving impaired is never safe and could have serious consequences for both yourself and others on the road.
Challenging A Second DUI Arrest
Even if you have a history of DUI, the prosecution must prove you are guilty of the current charges against you before you can be convicted of a second DUI—and with the right defense strategy, this can be an extremely difficult task for the State. From proving the arresting officer lacked probable cause for your arrest to refuting your chemical test results, there are a number of ways to challenge the evidence against you and increase your chances of obtaining a successful outcome for your case.
Of course, challenging a drunk driving charge is not that simple. To determine the best way to fight a second DUI offense, most drivers must obtain legal representation. As a result, if you were recently arrested for driving under the influence and have a prior DUI conviction on your record, it is more important than ever to have an experienced attorney by your side when you day in court finally arrives.
Our attorneys have more than 60 years of combined experience fighting Alabama DUI cases. Each member of our legal team remains committed to staying on top of the latest drunk-driving defense strategies and techniques–ultimately benefitting our clients. Our firm has handled cases across the state, and we have a proven track record of obtaining the dismissal, acquittal and reduction of DUI charges.
For more information on challenging a DUI, complete our online form today to connect with one of our skilled drunk-driving defense attorneys and receive a free case evaluation.