A first DUI charge in Alabama can have serious consequences, even if you have never been arrested for DUI before. A conviction may result in fines, jail time, driver’s license suspension, an ignition interlock requirement, and mandatory participation in a DUI or substance abuse program.
Understanding the potential penalties can help you make informed decisions if you are facing a first DUI charge.
What Is Considered DUI in Alabama?
Under Alabama law, a person may be charged with DUI for driving or being in actual physical control of a vehicle while under the influence of alcohol, controlled substances, or another substance that impairs their ability to drive safely.
For alcohol-related DUI, Alabama law generally establishes a blood alcohol concentration (BAC) of 0.08% or more as one basis for a DUI violation. However, a person can potentially face a DUI charge even with a BAC below 0.08% if the evidence shows that alcohol or another substance impaired their ability to operate the vehicle safely.
Penalties for a First DUI in Alabama
A first DUI conviction can lead to several penalties. Under Alabama Code § 32-5A-191, a first conviction may result in:
- A fine of $600 to $2,100
- Up to one year in county or municipal jail
- A 90-day driver’s license suspension
- Completion of a DUI or substance abuse court referral program
- Ignition interlock requirements in certain circumstances
The specific consequences depend on the circumstances of the case and whether aggravating factors are present.
1. Fines
A first DUI conviction carries a fine of at least $600 and no more than $2,100 under Alabama law.
The financial impact can extend beyond the court-imposed fine. A person may also face costs associated with court proceedings, required programs, license reinstatement, and ignition interlock installation and maintenance.
2. Jail Time
A first DUI conviction can carry up to one year in county or municipal jail.
Although a first offense does not automatically mean that a person will serve the maximum possible sentence, jail is a potential consequence that should be taken seriously.
3. Driver’s License Suspension
For a first DUI conviction, Alabama law provides for a 90-day driver’s license suspension.
However, the law allows the 90-day suspension to be stayed when the offender elects to have an approved ignition interlock device installed and operating for 90 days, subject to the requirements of the law.
An ignition interlock device requires the driver to provide a breath sample before starting the vehicle. The device can also require additional samples while driving.
4. DUI or Substance Abuse Program
A person convicted of DUI must be referred for evaluation and appropriate resources and, at minimum, complete an approved DUI or substance abuse court referral program.
Alabama law also requires proof of successful completion of the required program before the driver’s license can be reissued.
When Is Ignition Interlock Required?
Ignition interlock requirements can vary depending on the circumstances of the first DUI conviction.
For a first conviction involving a BAC below 0.15%, an approved ignition interlock device can be elected for 90 days, allowing the 90-day license suspension to be stayed if the applicable requirements are met.
More serious circumstances can result in a one-year ignition interlock requirement. These include situations such as:
- A BAC of 0.15% or higher
- Refusing the applicable chemical test
- Having a child under 14 in the vehicle
- Injuring another person in connection with the offense
Under these circumstances, additional requirements and waiting periods may apply before an ignition-interlock-restricted license can be issued.
What Happens If Your BAC Is 0.15% or Higher?
A high BAC can significantly increase the consequences of a DUI conviction.
Alabama law provides that when a person is convicted and found to have had a BAC of 0.15% or higher, the person must receive at least double the minimum punishment that would otherwise apply to a BAC below 0.15%. The law also imposes additional ignition interlock requirements.
Because the consequences can be substantially more severe, the BAC evidence in a DUI case can be an important issue for the defense.
What If You Refused a Chemical Test?
Refusing to provide a chemical test can create additional consequences. For a first DUI conviction, Alabama law provides specific ignition interlock requirements when the person refused the applicable chemical test.
A chemical-test refusal and the resulting driver’s license consequences can involve issues separate from the underlying DUI criminal charge. Anyone facing both should understand how each matter may affect their driving privileges.
Does a First DUI Affect Your Criminal Record?
Yes. A DUI conviction can have consequences beyond the immediate fines, license restrictions, and court requirements.
A conviction may affect employment opportunities, insurance costs, professional licensing, and other aspects of your future. The impact can be particularly important for people whose jobs require driving or who hold professional licenses.
Can a First DUI Charge Be Defended?
Being charged with DUI does not mean that you will automatically be convicted.
Depending on the circumstances, a DUI defense may involve examining:
- The reason for the traffic stop
- Whether law enforcement had sufficient grounds to make an arrest
- Field sobriety testing
- Breath, blood, or other chemical testing
- The accuracy and reliability of test results
- Whether proper procedures were followed
- Whether evidence can be challenged or excluded
- Whether the prosecution can prove each element of the offense
The facts of every DUI case are different, so the appropriate defense strategy depends on the evidence and circumstances involved.
What Should You Do After a First DUI Arrest?
If you have been arrested for DUI in Alabama, take the situation seriously and avoid making decisions without understanding the potential consequences.
Consider these steps:
1. Do not assume that a first offense is minor. Alabama law allows fines, jail time, license suspension, and other penalties.
2. Pay attention to your driver’s license situation. Administrative and court-related consequences may affect your ability to drive.
3. Preserve documents and evidence. Keep paperwork from the arrest, court, and driver’s license authorities.
4. Avoid discussing the details of your case publicly.
5. Speak with an experienced DUI defense attorney. An attorney can review the circumstances of your arrest and explain your available options.
Get Help With a First DUI Charge in Alabama
A first DUI conviction can affect much more than your driving privileges. Fines, possible jail time, license suspension, ignition interlock requirements, mandatory programs, and other consequences can follow a conviction.
If you have been charged with DUI in Alabama, understanding the allegations and potential defenses is important before deciding how to proceed.
Joe Ingram Law represents clients facing DUI and other criminal charges in Alabama. With more than 20 years of legal experience and experience in state and federal courts, Joe Ingram can evaluate the circumstances of your case and help you understand your legal options.
If you are facing a first DUI charge, contact Joe Ingram Law to discuss your case and learn more about your defense options.
