A third DUI (driving under the influence) conviction is a misdemeanor in Alabama. This is true regardless of whether the DUI was due to a .08% blood alcohol content (BAC) or for being under the influence of alcohol or any other substance that made the person incapable of safely driving. A DUI is considered a third offense in Alabama if the driver has two prior (including out-of-state) DUIs that occurred within the last ten years.
This article discusses the specific penalties you'll face if convicted of a third DUI in Alabama.
Penalties are generally determined by the court within the guidelines established by statute. But certain aggravating factors can enhance these penalties. For example, having a passenger under 14 years of age generally doubles the penalties.
Jail time. As a misdemeanor, a third offense carries a maximum of one year in jail. However, the offender must serve at least 60 days in jail before being released on probation. Probation generally lasts one year and requires the person to abide by certain restrictions. Violating a condition of probation can result in jail time.
Treatment. All motorists convicted of an Alabama DUI must complete the substance abuse court referral program. The program may include educational classes, random testing, and treatment.
Fines. A person who's convicted of a third DUI also faces fines of $2,100 to $10,100.
Driver's license penalties. A third-offense DUI will result in a three-year license revocation, followed by an ignition interlock device (IID) requirement of three years. However, the motorist can apply for an IID restricted license after 60 days of license revocation and completion of the substance abuse program. Use of the IID license for three years with no violations can satisfy the IID and revocation requirements. But violating the limits of the restricted IID license will result in extended revocation and IID periods.
The driver's vehicle registration will also be revoked during the license revocation period.
Aggravating factors. An impaired driver who had a blood alcohol content of .15% or more or was transporting a child under 14 years old will be subject to increased penalties. The license revocation period will increase to six years and the minimum fine will be $4,200. Additionally, the offender will be sentenced to at least one year in jail but may still be released on probation after 60 days.
Also, refusal of a chemical test can add one year to the IID requirement.
A third DUI conviction can be serious, and any future offense will be charged as a felony. If you've been arrest for a DUI, it's always a good idea to get in contact with a qualified attorney as soon as possible.