Second Offense DUI in Alabama

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If you have gotten a second DUI in Alabama, with your first one being less than five years ago, you can expect harsher penalties than you experienced with your prior conviction. However, it is still considered a misdemeanor in this state. Your first step should be to contact a lawyer, followed by getting to know the typical consequences.

Criminal Penalties for Second DUI in Alabama

The minimum jail sentence is five days, but in some cases, you may be able to complete 30 days of community service instead of serving time. However, the maximum punishment is one year in jail, so if you have a long criminal record or do not have the help of a lawyer, you may be facing this type of sentence. Either way, you will have a misdemeanor on your record, and this offense will also contribute to even harsher consequences if you get a third or fourth DUI in the future.

The minimum fine you will have to pay for a second DUI in Alabama is $1000, in addition to $100 toward the Impaired Drivers Trust Fund for this state. However, the maximum fine is $5000, which again depends on both the circumstances of your case and the influence of your attorney. There may also be additional fines given by the court.

Administrative Consequences

Your license will be revoked for one year after your second offense in this state within five years. Unfortunately, it is not possible to get a limited license to go to work during this time, so plan on using public transportation for a year. Once you get your license back, you will need to show proof of an SR22 insurance policy for this state since most insurance providers will not give you a typical policy once you have had a DUI.

In addition, all second time offenders in Alabama have to take a substance abuse treatment course, followed by an evaluation to ensure that you do not have a serious problem with alcohol addiction.

Seeking Legal Counsel

The only way to lessen the penalties for your second DUI in Alabama is to get a lawyer who is experienced with defending clients against this charge. One option that you have in Alabama is deferred prosecution, which requires you to plead guilty and undertake a few requirements in exchange for the DUI charges to be dropped. If you choose to go this route, you will have to do community service, pay fines and take an alcohol class--all within a six month period. The benefit is that you would avoid this charge on your permanent record. This is just one of your options, though; speak with a lawyer to find out the best route for you.


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