DUI Sentencing in Alabama

Alabama criminal sentencing is often a confusing morass of guidelines, aggravators, and collateral consequences. DUI sentencing is no exception; it is easy to get lost in the sea of ignition interlock systems, driver’s license suspensions, and mandatory double minimum sentences. As a defendant, it is vitally important to have an attorney who is well-versed in DUI law. If you’re currently facing a DUI charge, give us a call at (256)770-7232 to schedule an attorney consultation.

Five-Year Repeat Offender Sentencing

Alabama Code §§ 32-5A-191(e)-(h) lays out the sentencing requirements for each DUI conviction within a five-year period. As you can see, the penalties get progressively harsher with each new offense.


Double Minimum Sentence Penalty and Aggravating Factors

For any DUI offense, including a first offense, other factors can drastically increase the sentencing range:

  • Double Minimum Punishment Penalty (Ala. Code § 32-5A-191(i))
    • When a person is convicted of any DUI offense while at a BAC (blood alcohol content) of 0.15% or greater, the minimum sentence is doubled.
      • Example: Second offense in 5 years (with BAC <0.15%) – minimum 5-day jail sentence, minimum fine of $1,100
      • Second offense in 5 years (with BAC at or above 0.15%) – minimum 10-day jail sentence, minimum fine of $2,200
  • Ignition Interlock (Ala. Code § 32-5A-191(e))
    • Ignition interlock system is required for first DUI offenses if any of the following apply:
      • Defendant’s BAC was 0.15% or higher,
      • Defendant refused to submit to a breath test,
      • A child of 14 years or younger was in the vehicle at the time of the offense, or
      • Someone other than the defendant was injured in a traffic accident.

The attorneys at Enzor & Maniscalco stand ready and willing to help guide you through any DUI charge you may be facing. Give us a call at 256-770-7232 to schedule a consultation to discuss the specifics of your situation.