Second Offense DUI/DWI in Alabama

In Alabama, being accused of a second DUI (driving under the influence) is generally considered a serious offense. If a person operates a vehicle while under the influence of a controlled substance that substantially affects their cognitive and motor abilities, they are charged with DUI under Alabama law, specifically Alabama Code Section 32-5A-191. A second DUI in Alabama is even more severe and may lead to losing driving privileges, heavy fines, and jail time. DUI charges for a second offense in Alabama are usually based on the number of convictions a person has had over the past ten years. The DUI would be considered a second offense DUI if the person had been convicted two times within a ten-year period.

Is a 2nd DUI a Felony in Alabama?

Ordinarily, a second DUI is only considered a misdemeanor in Alabama. However, a second DUI can become a felony under specific conditions, such as:

• When the violation leads to severe physical harm to an individual
• Having a minor in the car who is younger than 14
• Resulted in a fatal accident
• Having more than 0.15% alcohol in the blood

A simple DUI offense only becomes an automatic felony if it is the fourth offense within 10 years. Otherwise, it is handled as a misdemeanor, primarily when no aggravating circumstances exist in the DUI offense. Additionally, if an individual has a felony DUI in their first offense, the second offense is automatically a felony as per state laws.

What is the Lookback Period for a Second DUI in Alabama?

For anyone facing a second DUI in Alabama, the lookback period is essential because it establishes how previous convictions may affect the severity of the punishment for a subsequent violation. According to the state's existing DUI legislation, Alabama courts apply obligatory sentence enhancements based on a ten-year lookback period, which means that any DUI convictions during the previous ten years will be considered when determining the severity of the penalty if the offender is found guilty again. Judges can consider the complete lifetime record when determining a sentence, even when some offenses occur outside the ten-year window.

What are the Aggravating Factors in a Second DUI?

In Alabama, aggravated DUI charges occur when the defendant's conduct satisfies particular aggravating circumstances that turn a routine second DUI offense into a more serious offense. Some of these factors include:

• Operating a vehicle while intoxicated by 15% or more.
• Refusing to submit to a breathalyzer or chemical testing.
• Driving at high speeds while intoxicated.
• Causing any death while driving intoxicated

What Happens If You Get a 2nd DUI/DWI in Alabama?

The following are possible penalties for a second DUI in Alabama:

• The driver's license or driving privilege will be suspended for a year.
• For two years, the offender must have an ignition interlock device installed and running on the designated car they drive.
• The individual could be fined a minimum of $1,100 to a maximum of $5,100.
• The person may be sentenced to a minimum of five days in jail and a maximum of one year in prison, which the court may exchange for thirty days of community service.
• As part of the DUI conviction, the court may also mandate a court referral, which includes an alcohol testing program and a DUI awareness program.

How Long Does a Second DUI Stay On Your Record in Alabama?

Individuals who have a second DUI on their arrest record will have to deal with it indefinitely. There is no way to have the record expunged or erased. A DUI will remain on a person's record until they are dead. Additionally, law enforcement's retention policies permit them to retain these records forever.

How Much Does a Second DUI Cost in Alabama?

In Alabama, for a second offense of DUI, the law stipulates a punishment of at least $1100 and up to $5100 plus court costs. In addition, if the DUI is a felony, the municipal court may impose a fine of at least $4100 and up to $10,100 plus court costs. The following penalties and financial exclusions are examples of further extra expenses:

• Lawyer fees and court fees, which range between $500 and $1000
• Exclusion of Punitive Damages: A person who operates a motor vehicle while intoxicated and causes an accident that injures another person may be subject to a jury verdict of $10000-$500,000 or more in punitive damages, which are not covered by insurance.
• Denial of workman's compensation.
• Probation fees and random drug test expenses - Probation fees typically average $40 to $50 +/- per month or $480 to $600 per year.
• Ignition interlock maintenance will cost at least $6000 over two years.
• An additional $100 fine is paid to the Impaired Drivers Trust Fund.

Chances of Going to Jail for a Second DUI in Alabama

Prosecutors take second-offense DUI charges very seriously and aggressively; they may offer a guilty plea, which in Alabama usually entails a minimum mandatory jail sentence or a trial. The defendant may also be subject to a minimum mandatory jail sentence of five days to a maximum of one year in jail, which the court may substitute for 30 days of community service. A jail sentence of up to ten years may also be imposed, depending on the individual's blood alcohol content at the time of the arrest and whether the DUI causes a fatality.

Driver's License Suspension for a Second DUI in Alabama

In Alabama, a second DUI comes with an automatic license suspension for one year. This suspension takes effect 45 days after the offender gets notification of a planned suspension. Naturally, the suspension period is extended in cases of other aggravating circumstances, such as the number of DUI offenses and the time interval between each DUI conviction. However, certain people can apply for a hardship license if they meet specific requirements. A hardship driver's license is a limited driving privilege license for people who meet specific eligibility standards for hardship. This license is unavailable to Persons who are considered a risk to public safety according to Title 32 of the Code of Alabama.

Ignition Interlock Device Requirement

In Alabama, A device known as an ignition interlock is fitted on automobiles to prevent drivers from operating the vehicle while intoxicated. The need for an ID stems from a conviction for driving under the influence of alcohol under Section 32-5A-191, Code of Alabama 1975.

The person convicted of DUI incurs every cost associated with the device. The price range for installing an ignition interlock is $70-$170.The monthly lease fee for the interlock device might range from $50 to $120.Calibrating the ignition interlock device will cost about $25 every 30 to 90 days.

DUI School and Substance Abuse Treatment

Depending on the severity of each DUI case, Alabama courts typically require a rehabilitation program as part of a court referral program. According to the Alabama Mandatory Treatment Act of 1990, each offender is referred to appropriate interventions, monitored monthly to ensure compliance, random drug testing is conducted, and the court is notified of any violations and/or completions. The length of treatment depends on the individual and the severity of their addiction.

Probation Conditions

The following are some of the standard probation conditions given to individuals for a second DUI offense in Alabama:

• Participation in an alcohol or drug treatment program
• Routine check-ins with a probation officer
• Regular drug tests to ensure abstinence from alcohol during the probation period
• installation of an Ignition Interlock Device (IID)
• wearing an ankle monitor(in some instances )

Community Service Requirements

The court may allow 30 days (240 hours) of community service instead of the minimum five-day jail sentence for a second offense of DUI. As part of the community service, the person may be required to speak to schoolchildren about the risks of DUI.

Impact on Auto Insurance

A person's auto insurance rate will rise significantly after a second DUI conviction. The individual will be hit with a 50–60% premium rise, and some auto insurance firms will move their current policy to their "specialty insurance" coverage plan. They must stay in a "specialty insurance" plan for five years before their premiums return to the regular level. It may be necessary for the individual to acquire new insurance because some motor insurance firms will not renew their policy due to them being a high-risk driver.

Maintaining insurance is crucial because no driver's license will be granted without an SR-22 insurance certificate on file, and each applicant for re-licensing must submit and keep the certificate on file with the law enforcement department for three (3) years.

Which Courts Handle DUI Cases in Alabama?

In Alabama, the police department that made the arrest and the number of prior DUI convictions on a person's record are two elements that decide which court an Alabama DUI will be assigned to. Generally, misdemeanor DUIs are handled by the district and municipal courts. First-time DUI cases that are not felonies are under the jurisdiction of the municipal and district courts. A case will be categorized as a felony if a person has three or more prior DUI convictions on their criminal record. It will be initially handled in the circuit court or scheduled for a preliminary hearing in the county district court. Felonies involving DUI are outside the jurisdiction of municipal courts. The circuit court also serves as a court of appeals for DUI cases from the lower court.

The following is the contact information for five popular courts in Alabama that handle DWI cases:

Huntsville Municipal Court
Municipal Justice & Public Safety Complex
815 Wheeler Avenue,
Huntsville, AL 35801
Website: Huntsville Municipal Court

Jefferson County Circuit Court
Jefferson County Courthouse
716 Richard Arrington, Jr. Blvd. N.
Birmingham, AL 35203
Website: Jefferson County Circuit Court

City of Hoover Municipal Court
2020 Valleydale Road
Hoover, AL 35244
Tel: (205) 444-7526
Website: Hover municipal court

Morgan County Circuit Courthouse
Morgan County Circuit Court
302 Lee St. NE
Decatur, AL 3560
Website: Morgan County Circuit Court

Tuscaloosa County Circuit Courthouse
714 Greensboro Ave
Tuscaloosa, AL 35401
Phone: (205) 349-3870
website: Tuscaloosa County circuit court

The Department of Motor Vehicles (DMV) in Alabama is responsible for issuing and suspending licenses in cases of DUIs and other law violations. The DMV also handles Motor vehicle issues and titles, maintains vehicle data, administers the Mandatory Liability Insurance statute, and grants motor vehicle regulation licenses. Interested individuals can contact the Alabama State Department of Motor Vehicles for information about license hearings, reinstatement, and appeals at the following addresses:

Baldwin County
Baldwin County Satellite Courthouse
201 E. Section Avenue,
Foley, AL 36535

Bibb County
Bibb County Courthouse Annex
8 Court Square West,
Suite A,
Centreville, AL 35042
Main Phone: (205) 926-3108

Barbour County
Barbour County Courthouse
405 E. Barbour Street,
Eufaula, AL 36027
Main Phone: (334) 616-6826

Calhoun County
1703 Pelham Road South,
Jacksonville, AL 36265
Main Phone: (256) 435-7006
Reinstatement Phone: (256) 782-1322

Can You Get a DUI on a Horse in Alabama?

Yes. According to Alabama law, a person can get a DUI on a horse. Under Alabama's DUI statute (Section 32-5A-191, Code of Alabama), it is unlawful to "drive or be in actual physical control of a vehicle" while intoxicated, among other things. Section 32-1-1.1(81) states, "A ridden animal shall be deemed a vehicle". If the State of Alabama can demonstrate that a person "drove or was in actual physical control" of a horse while intoxicated, then that person would be found guilty of DUI.