DUI laws in Montgomery, Alabama
When is a Driver Considered to be Legally Drunk in Alabama?
• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater.
• School bus and day care drivers are legally drunk when their blood alcohol level is greater than .02.
• Drivers under 21 are legally drunk when their blood alcohol level is .02 or more.
1st Offense :
• Jail up to one (1) year (probation is possible if you qualify); and
• Fine not less than $600.00 and up to $2,100.00 plus court costs; and
• 90-day driver license suspension OR one year driver license revocation. No “work permit” is available at all.
• Ignition Interlock device installed on your vehicle for two years if convicted under ” Aggravating Circumstances”
2nd Offense Within Five Years :
• Jail not less than five (5) days and up to one (1) year (mandatory 5 day sentence OR 30 days community service); and
• Fine not less than $1,100.00 and up to $5,100.00 plus court costs; and
• One year driver license revocation – No “work permit” is available at all.
• Two-Year Ignition Interlock on your vehicle starts after your driver license revocation period ends.
3rd Offense Within Five Years :
• Jail not less than sixty (60) days and up to one year (mandatory 60 day sentence; probation is NOT possible); and
• Fine not less than $2,100.00 and up to $10,100.00 plus court costs; and
• Three year driver license revocation – No “work permit” is available at all.
• Three-Year Ignition Interlock on your vehicle starts after your driver license revocation period ends.
4th or Subsequent Offense Within Five Years : (Class C felony) –
• Imprisonment for not less than one year and up to ten (10) years; and
• Fine not less than $4,100.00 and up to $10,100.00 plus court costs; and
• Five year driver license revocation – No “work permit” is available at all.
• Five-Year Ignition Interlock on your vehicle starts after your driver license revocation period ends.
Please contact The Smith Law Firm for complete details on our driving under the influence monthly payment plans for legal defense.
Monthly payment plans are available for Alabama DUI defense. Our Alabama DUI defense payment plans are set up in-office on a case by case basis. Please contact The Smith Law Firm for complete details on our driving under the influence monthly payment plans for legal defense.
“DOUBLE MINIMUM PUNISHMENT” Penalty:
If convicted of DUI with a test result .15% or greater, the court is required to impose ” double minimum punishment.” Fines and jail terms automatically double. For first offense DUI, the driver license is revoked for one year.
Aggravating Circumstances:
“Aggravating Circumstances” require ignition interlock on first DUI offense for any of the following: (1) Refusing the breath test; (2) Breath alcohol test result is .15% or greater; (3) A child under 14 years of age was in the vehicle at the time of the DUI offense; or (4) Someone other than the offender was injured at the time of the offense. Ignition interlock is required on all second and subsequent DUI convictions, without regard to circumstances or conditions.
Alabama Implied Consent Law
When a person applies for a Alabama driver’s license they automatically are agreeing to the Alabama implied consent law. Which means that if you are stopped on suspicion of DUI you agree to submit to a blood, breath or urine test to prove your intoxication level.
Failure to submit to this test for a first time offender will result in an immediate 90-day license suspension with no chance of obtaining driving privileges during that 90-day period. If it is determined that the refusal is a second or subsequent refusal within the past five years, there is a 1-year license suspension with no chance of obtaining driving privileges during that 1-year period.
The results of the testing must be made available to the defendant and their Alabama DUI lawyer upon request. The defendant may also have an independent test done at their own expense if they choose. Your DUI lawyer will determine if any independent testing needs to be done.