What Happens in AL If I Get a 2nd or 3rd DUI?
People make mistakes, but the law doesn’t look kindly on those who drink and drive. If you are arrested as a repeat DUI offender in Alabama, you may be in even more serious trouble. Under the law, penalties become progressively worse for repeat offenses.
While there might have been certain options available to you with a first-time DUI arrest, many of these will be taken off the table with subsequent arrests. This doesn’t mean, however, that you can’t beat a DUI charge or achieve a deal that will get you less serious penalties.
What is the “Look Back” Period in Alabama?
In DUI cases, when your last DUI took place makes a difference in applying sentencing guidelines. Referred to as the “look back” period, the courts will determine how long ago your last DUI conviction was to see if a new conviction will count as a subsequent arrest or register as a first offense.
In Alabama, the courts will apply mandatory sentence enhancement by looking back five years. In other words, if your first DUI was within the last five years, the next one counts as a second DUI. However, the courts can look at your entire record and use discretion when sentencing after a subsequent arrest.
Getting a 2nd DUI in Alabama
If you are arrested for a second DUI in Alabama, this will be a different experience than your first DUI. According to Alabama law, the penalties for a second DUI offense can include:
- Fines between $1,000 and $5,000
- $100 fine paid to the Impaired Drivers Trust Fund
- Community service minimum of 30 days or up to 5 days in jail
- Maximum of one year in jail
- Revocation of your driver’s license for one year
- Requirement of ignition interlock device for 24 months
- Mandatory substance abuse treatment
- Probation up to 2 years
If there are any aggravating circumstances, the penalties will be even harsher. These include having an elevated BAC (.15 or higher), getting a DUI with a child in the vehicle, or causing an accident with injury.
Penalties for a 3rd DUI Offense
If you get arrested a third time for DUI in Alabama, the state assumes that you haven’t learned your lesson, that you have a serious drinking problem, or both. Once you get to this point, you’re facing mandatory jail time as well as other elevated consequences.
According to Alabama law, the penalties for a third DUI offense include:
- Fines between $2,000 and $10,000
- $100 fine paid to the Impaired Drivers Trust Fund
- Mandatory minimum jail sentence of 60 days. (This cannot be suspended or substituted for probation).
- Revocation of your driver’s license for three years
- Three years of an ignition interlock device on your vehicle
- Up to two-year DUI probation
- Mandatory substance abuse treatment
If you have been arrested for a third DUI in Alabama, these are serious charges and not something that should be taken lightly.
Secondary Consequences for a DUI Conviction
While there are legal consequences for a DUI conviction, having this on your record can also have other life-altering effects. Some of the secondary consequences that you could have to deal with include:
- A criminal record that impacts your ability to get a job, professional license, or go to school
- Potential loss of a scholarship
- Adverse effect on custody arrangements or custody rights
- Inability to rent a vehicle
- Loss of your car insurance
- Requirement to purchase high-risk (SR-22) insurance
Discuss Your Case with a Qualified Alabama DUI Attorney
At Alsobrook Law Group, our experienced DUI defense attorneys have helped clients throughout Lee and Macon counties who are facing second and third offense DUI charges. If you find yourself in this situation, you’re likely concerned about both your freedom and your future.
Alabama’s laws relative to subsequent DUIs are tough, but an arrest is not the same thing as a conviction. If you’ve been charged with a 2nd or 3rd DUI, it would be a mistake to simply plead guilty to the charges and try to move on with your life. The stakes are too high.
As an experienced DUI attorney, Zach Alsobrook can provide you with a vigorous defense. Our experienced legal defense team will investigate your case and aggressively defend your rights. Even if there is a high blood alcohol level, there may be defenses possible that can help you obtain a dismissal of charges or reduce your charges to a lesser offense.
Contact our office today at 334-737-3718 or reach out to us online to schedule a free consultation.
