Second Offense DUI in Alabama

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A second DUI in Alabama (within five years of a previous DUI conviction) will result in serious administrative and criminal penalties, including a minimum of 48 hours of consecutive jail time (or community service of not less than 20 days).

Criminal Penalties

A second DUI in Alabama is classified as a misdemeanor and will result in:

  • Imprisonment - 48 consecutive hours, up to 1 year, or not less than 20 days community service
  • Fine - $1,000 - $5,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund (§32-5A-191.1)

Administrative Consequences

Your license will be revoked for one year after your second offense in this state within five years. Unfortunately, it is not possible to get a limited license to go to work during this time, so plan on using public transportation for a year. Once you get your license back, you will need to show proof of an SR22 insurance policy for this state since most insurance providers will not give you a typical policy once you have had a DUI.

In addition, all second time offenders in Alabama must take a substance abuse treatment course, followed by an evaluation to ensure that you do not have a serious problem with alcohol addiction.

Seeking Legal Counsel

Because penalties are more severe for a second DUI, it may be wise to seek an attorney's assistance. One method of assistance is deferred prosecution, which requires you to plead guilty and undertake a few requirements in exchange for the DUI charges to be dropped. If you choose to go this route, you will have to do community service, pay fines and take an alcohol class--all within a six month period. The benefit is that you would avoid this charge on your permanent record.

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