In the state of Alabama, repeat DUI offenders are subject to more serious penalties than those without prior DUI convictions. By your third offense, you have proven to the courts that you are not learning your lesson and/or that you are unable or unwilling to stop drinking and driving. As such, you face mandatory minimum jail time as well as other grave consequences for a third DUI conviction.
While a third DUI conviction can have devastating consequences, an arrest does not have to lead to conviction. At the Eversole Law Office, our Birmingham DUI defense lawyers have helped clients throughout Jefferson, Madison and Shelby Counties and throughout the Alabama area to avoid conviction or to plea bargain their DUI down to lesser charges.
If you are facing DUI charges and it is your third offense, contact an Alabama criminal defense lawyer at the Eversole Law Office today at 866-831-5292 to schedule your free consultation and learn how we can help you.
Alabama DUI Third Offense Penalties – Experienced Defense Required
DUI laws are found in Alabama code section 32-5A-191, which defines the offense of driving under the influence to include having a BAC above .08 and/or driving while under the influence of drugs or controlled substances that impair your ability to safely operate your vehicle. If you are arrested by law enforcement for driving with alcohol, drugs or some combination thereof in your system, you face charges not for a traffic infraction but for the crime of DUI. As a result, there are criminal penalties imposed if convicted and you will have a criminal record.
The criminal penalties for a third DUI offense are much harsher than the penalties for first or second-time offenders. According to the Alabama Department of Public Safety, these penalties include:
- A minimum of 60 days of incarceration in a county or municipal jail. This is the minimum amount of time you will spend in jail. Your sentence cannot be probated or suspended, so if you are convicted you will be going to jail.
- A fine between $2,000 and $10,000.
- A $100 additional fine paid to the Impaired Drivers Trust Fund.
- A revocation of your driver's license for three years.
In the state of Alabama, the court has the authority to suspend or revoke your driver's license after a DUI conviction, but they are not the only ones with this authority. Alabama Code section 32-5A-304 also establishes that an administrative suspension of your license by the DMV will be triggered by a refusal to submit to a blood alcohol test after a DUI arrest, or by testing with a BAC above .08. The administrative suspension of your license can take effect 45 days after you have received notice of the suspension and for a third-time DUI offender, having a record of two prior alcohol-related offenses in the previous five years will result in an automatic three-year license revocation.
Losing your license and going to jail are only the beginning of the serious consequences of a third DUI offense. Obtaining car insurance will be extremely expensive when your license is returned and you may also be subject to additional requirements and penalties including mandatory drug or alcohol counseling or the installation of an ignition interlock device in your vehicle.
To avoid the loss of your license and the mandatory minimum jail time, as well as the other consequences of a third DUI conviction, your only option is to do everything possible to avoid being found guilty of a DUI. At the Eversole Law Office, we have helped many clients to successfully defend themselves to have charges dropped or dismissed or to win a verdict of not-guilty.
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.