DUI Sentence Enhancements

Question: Are There Sentence Enhancements for DUI in Alabama?

Answer: In Alabama, there are several ways that your sentence could be enhanced if convicted of DUI. Over recent years, the legislature has passed many different “get tough” penalties and laws in terms of DUI cases. These deal with recidivism issues and aggravating factors. Any prior conviction within a five-year period will increase your sentence under the Alabama DUI laws. A second conviction within a five-year period requires a minimum mandatory five days in jail, higher fines of up to $5,100 and a one-year drivers license revocation. As well, you would have to install an ignition interlock device on your vehicle. A third DUI within a five-year period creates a minimum mandatory 60-day jail sentence and up to a $10,100 fine, a three-year drivers license revocation and a mandatory ignition interlock device.

A fourth or subsequent DUI within a five-year period is a felony that requires a year and a day sentence with a minimum 10 days to serve and up to a $10,100 fine, plus five years of drivers license revocation and a mandatory ignition interlock device. Another aggravating factor or sentence enhancement in Alabama is if your breath test result is a .15 or greater, even on a first offense, this creates a mandatory ignition interlock device being installed on your vehicle and double the minimum penalty being posed against you.

An additional enhancement in the DUI statute of Alabama is if there was a child under the age of 14 in the vehicle at the time of the stop. If this happens, you have to install an ignition interlock device in your vehicle. As well, if there is any injury involved, an ignition interlock device is required. If there is any serious injury from an accident, you could be charged with a felony assault. And if a death is involved, you could face a murder or a vehicular homicide prosecution.