If you are a habitual DUI offender, you may face felony DUI charges. Felony DUI charges are much more serious than misdemeanor DUI charges as you face a longer term of incarceration and larger fines. You will also have a permanent felony conviction on your criminal record and you will lose your license for a long time.
If you are facing felony DUI charges, you must act now. The only chance you have to avoid a mandatory minimum jail sentence and a devastating criminal record is to work with an attorney who has experience defending against DUI charges or negotiating plea bargains to help minimize the serious nature of the penalties you face. At the Eversole Law Office, we have successfully represented clients in Jefferson, Madison and Shelby Counties and throughout Alabama, helping them to avoid felony DUI convictions and keep their freedom and their license. To schedule a free consultation for more information about how we can help you in your DUI case, contact the Eversole Law Office today at 866-831-5292.
Alabama Felony DUI Laws – Birmingham Felony Driving Defense
In the state of Alabama, the criminal offense of DUI is outlined in Alabama Code section 32-5A-191. This section defines DUI as behaviors including having a BAC over the legal limit of .08 and/or driving while impaired and unable to function safely as a result of alcohol or drugs. Code section 32-5A-191 also outlines the penalties that DUI offenders will face. In section 32-5A-191(h), the law makes clear that "on a fourth or subsequent conviction, a person a person convicted of violating this section shall be guilty of a Class C felony."
Felonies are more serious crimes that have longer jail sentences than misdemeanors and that can have a significant impact on your future. Many job and rental applications ask if you have ever had a felony conviction, and your right to vote and bear arms can be affected by a felony on your record. These consequences are on top of the serious penalties that Alabama law imposes for a third or subsequent DUI conviction. For example, the Alabama Department of Public Safety summarizes the penalties for felony DUI imposed in section 32-5A-191. These include:
- A minimum period of incarceration of one year and a day with a maximum sentence of 10 years imprisonment. Under certain conditions, you may have part of this sentence probated or suspended but you will have to go to jail.
- A fine between $4,000 and $10,000.
- A driver's license revocation of five years.
The loss of your driver's license can be a criminal penalty in the state of Alabama. However, under Alabama Code section 32-5A-304, the loss of your driver's license is also an administrative penalty imposed by the DMV and triggered by a failed BAC test or by a refusal to submit to a BAC test when lawfully arrested for a DUI. According to this code section, a person with four or more alcohol or drug related legal encounters in the previous five years can lose his driver's license as part of the administrative suspension for a period of five years.
Because of mandatory minimum sentencing as well as administrative guidelines in Alabama, a fourth DUI conviction automatically means you go to jail and you lose your license. The only way to avoid these serious consequences is to get help from a DUI lawyer in avoiding conviction for a fourth DUI offense. At the Eversole Law Office, we can help you to raise any and all possible defenses that might help you to avoid conviction. We can also assist you in negotiating a plea bargain to minimize the penalties faced if there are no viable defenses available in your case.
The sooner we take a case, the sooner we can begin to work with you to build a DUI defense or negotiate a plea bargain. That's why it's important to contact Steven Eversole as soon as you know you'll face DUI charges in Alabama. You can call us toll-free, fill out our confidential online case evaluation form or visit our office in downtown Birmingham.