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5/22/2010 - Posted by:
Alabama Criminal and DUI Attorneys - Kreps Law Firm, LLC
Phone: 866-348-2889
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Birmingham, Alabama Drunk Driving DUI Laws Violation and Penalties. Call (866) 348-2889

Having a DUI charge pending in Alabama can be tough.  That's why you need the experienced and aggressive DUI defense attorneys at Kreps Law Firm, LLC.  Visit our Alabama DUI defense website at www.Alabama-DUI-Defense.com for more information.   

Call us today at 866-348-2889

In Alabama, after your arrest you only have 10 days in which to request an administrative hearing to save your driver’s license.  Call us today so that you do not let time elapse and miss your opportunity to challenge your administrative license suspension.  If the 10 days has passed in your case, call us now to discuss your options at 866-348-2889.

Below you will find a copy of the DUI statute in Alabama 32-5A-191.  As you can see, even on a first DUI your fine can be up to $2100 and you can spend up to 1 year in jail.  In addition, the Alabama legislature will consider a bill in February 2009 in which to make these DUI laws in Alabama much tougher.  Call us today at 866-348-2889 to discuss your case or visit our website at www.WinYourAlabamaDUI.com . Code of Ala. § 32-5A-191(2008)
§ 32-5A-191.  Driving under the influence.

(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.

(b) A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is .02 percentage or more by weight of alcohol in his or her blood. The Department of Public Safety shall suspend or revoke the driver's license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection. Notwithstanding the foregoing, upon the first violation of this subsection by a person whose blood alcohol level is between .02 and .08, the person's driver's license or driving privilege shall be suspended for a period of 30 days in lieu of any penalties provided in subsection (e) of this section and there shall be no disclosure, other than to courts, law enforcement agencies, and the person's employer, by any entity or person of any information, documents, or records relating to the person's arrest, conviction, or adjudication of or finding of delinquency based on this subsection.

All persons, except as otherwise provided in this subsection for a first offense, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection shall be fined pursuant to this section, notwithstanding any other law to the contrary, and the person shall also be required to attend and complete a DUI or substance abuse court referral program in accordance with subsection (i).

(c)  (1) A school bus or day care driver shall not drive or be in actual physical control of any vehicle while in performance of his or her duties if there is greater than .02 percentage by weight of alcohol in his or her blood. A person convicted pursuant to this subsection shall be subject to the penalties provided by this section except that on the first conviction the Director of Public Safety shall suspend the driving privilege or driver's license for a period of one year.

(2) A person shall not drive or be in actual physical control of a commercial motor vehicle as defined in 49 CFR Part 390.5 of the Federal Motor Carrier Safety Regulations as adopted pursuant to Section 32-9A-2, if there is .04 percentage or greater by weight of alcohol in his or her blood. Notwithstanding the other provisions of this section, the commercial driver's license or commercial driving privilege of a person convicted of violating this subdivision shall be suspended for the period provided in accordance with 49 CFR Part 383.51 or 49 CFR Part 391.15, as applicable, and the person's regular driver's license or privilege to drive a regular motor vehicle shall be governed by the remainder of this section if the person is guilty of a violation of another provision of this section.

(d) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a controlled substance shall not constitute a defense against any charge of violating this section.

(e) Upon first conviction, a person violating this section shall be punished by imprisonment in the county or municipal jail for not more than one year, or by fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or by both a fine and imprisonment. In addition, on a first conviction, the Director of Public Safety shall suspend the driving privilege or driver's license of the person convicted for a period of 90 days. 

(f) On a second conviction within a five-year period, a person convicted of violating this section shall be punished by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand one hundred dollars ($5,100) and by imprisonment, which may include hard labor in the county or municipal jail for not more than one year. The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days or community service for not less than 30 days. In addition the Director of Public Safety shall revoke the driving privileges or driver's license of the person convicted for a period of one year.

(g) On a third conviction, a person convicted of violating this section shall be punished by a fine of not less than two thousand one hundred dollars ($2,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment, which may include hard labor, in the county or municipal jail for not less than 60 days nor more than one year, to include a minimum of 60 days which shall be served in the county or municipal jail and cannot be probated or suspended. In addition, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of three years.

(h) On a fourth or subsequent conviction, a person convicted of violating this section shall be guilty of a Class C felony and punished by a fine of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment of not less than one year and one day nor more than 10 years. Any term of imprisonment may include hard labor for the county or state, and where imprisonment does not exceed three years confinement may be in the county jail. Where imprisonment does not exceed one year and one day, confinement shall be in the county jail. The minimum sentence shall include a term of imprisonment for at least one year and one day, provided, however, that there shall be a minimum mandatory sentence of 10 days which shall be served in the county jail. The remainder of the sentence may be suspended or probated, but only if as a condition of probation the defendant enrolls and successfully completes a state certified chemical dependency program recommended by the court referral officer and approved by the sentencing court. Where probation is granted, the sentencing court may, in its discretion, and where monitoring equipment is available, place the defendant on house arrest under electronic surveillance during the probationary term. In addition to the other penalties authorized, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of five years. 

If you have been charged with DUI in Alabama including Jefferson County, Shelby County, St. Clair County, Bibb County, Walker County, Blount County, Tuscaloosa County, Etowah County, and Talladega County, and the communities of Birmingham, Hoover, Jasper, Mountain Brook, Pelham, Alabaster, Huntsville, Albertville, Guntersville, Jasper, Tuscaloosa, Gadsden, Sylacauga, Talladega and Trussville. If so please call the experienced DUI drunk driving attorneys at Kreps Law Firm, LLC Today (866) 348-2889 or visit us on the web at www.Alabama-DUI-Defense.com  or email us at dui@WinWithKreps.com 

Call us at (866) 348-2889 or Email us at dui@WinWithKreps.com

 
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