If you’ve been charged with a DUI in Alabama, it can be a very stressful, frightening experience. Here is a brief overview of the most frequently asked questions about being arrested for a DUI in Alabama.
If I’m convicted of a DUI, will I go to Jail?
Every court has the right to impose jail time for DUI Convictions, even for the first DUI conviction. Not all individuals convicted of a DUI will be sentenced to jail time, however it is a possibility.
- First Conviction – You may be sentenced to up to one year in a county or municipal jail, there is no minimum mandatory jail sentence.
- Second Conviction – If you are convicted of a DUI for a second time you will have to serve a minimum of 48 consecutive hours in jail, up to one year in jail, or not less than 20 days of community service.
- Third Conviction – If you’re convicted of a DUI for a third time, within a 5 year time period, you will face a mandatory 60 day jail sentence that cannot be suspended or probated. You can face up to one year of jail time in a municipal of county jail.
- Fourth or Subsequent Conviction – If you’re convicted of a DUI for the fourth time within five years, you will be charged with a Class C Felony and you will be imprisoned for 1 to 10 years.
If I have prior convictions for DUI in another state, will these convictions be held against me in Alabama?
The Alabama courts do take into account prior convictions for DUIs in other states. These prior convictions can be used for DUI sentencing in Alabama.
If I’m convicted of a DUI in Alabama, can I get the conviction removed from my record?
The process of “cleaning up” a criminal record is called Expungement. Expungement occurs when any information regarding your arrest and court proceedings are sealed. If you’ve been found guilty of either a misdemeanor or a felony charge, you may not seek an expungement in Alabama.
If I’m convicted of a DUI in Alabama, will my driver’s license be suspended?
If you’ve been convicted of a DUI in Alabama, your driver’s license can be suspended, revoked or cancelled in Alabama.
- 1st Conviction – License suspension up to 90 days.
- 2nd Conviction – License suspension up to one year, if you’ve had one prior alcohol or drug related offense within the preceding five years.
- 3rd Conviction – License suspension for a period of 3 years, if you’ve had two or three prior alcohol or drug related offenses within the preceding 5 years.>
- More Than 3 Convictions – License for a period of 5 years, if you’ve had four or more prior alcohol or drug related offenses within the preceding 5 years.
The state of Alabama does not provide hardship licenses; you will have no way to drive to work, or school or for any other obligations or errands. You have 10 days to take action to stop a license suspension.
If you’re convicted of a DUI in Alabama, the penalties are very severe, it is important that you contact a DUI defense lawyer immediately after your DUI arrest.