DUI 2nd Offense

Skilled Jefferson County Criminal Defense Attorney Aggressive Defending the Rights of Clients Facing a Second DUI Charge

Alabama has incredibly harsh DUI laws, especially for those who already have a DUI conviction on their record. If you are facing a second offense DUI, it is imperative that you immediately meet with an experienced Birmingham DUI defense lawyer to discuss your case and what can be done to avoid a conviction.

At the Stoves Law Firm, Attorney Jason Stoves is a veteran criminal defense attorney with extensive experience handling all types of DUI cases. We take a comprehensive and individualized approach to every case we handle, ensuring that we consider every possible defense before developing a strategic defense strategy designed to keep you on the road and out of jail.

Punishments for a Second Offense DUI in Alabama

In Alabama, there is a 10-year lookback period. This means that any DUI conviction from the past ten years will be counted as a prior offense. So, if you have a previous DUI conviction within ten years, and you get arrested for another DUI, you will face the following DUI penalties if you are convicted:

Fines: The fines for a second DUI offense range from $1,100 to $5,100.

Jail Time: A second offense DUI carries a minimum jail sentence of five days. However, the court can instead allow you to serve 30 days of community service rather than five days in jail. For more serious cases, the judge has the authority to sentence you to up to one year in jail.

Driver’s License Suspension and Ignition Interlock Device: A second DUI conviction will result in a one-year driver’s license suspension as well as a requirement that you install an ignition interlock device on your vehicle for a period of two years. An ignition interlock device prevents your vehicle from starting if it detects alcohol on your breath. However, after you’ve completed 45 days of your suspension, the court may stay the rest of the suspension period if you install an ignition interlock device on your vehicle.

Substance Abuse Treatment: For a second DUI, the court will order a mandatory drug and alcohol evaluation. Depending on the results, the court may require you to complete a substance abuse or DUI education program.

Vehicle Impoundment or Immobilization: Although not mandatory, the court has the discretion to order the impoundment or immobilization of your vehicle.

Can You Refuse a Breath Test When Pulled Over for a DUI?

Alabama has an “implied consent” law, which means that by obtaining an Alabama driver’s license and driving on public roads, you agree to take a breath test or blood test when a police officer has probable cause to determine you were driving under the influence. However, unless the officer has a warrant, they cannot physically force you to provide a sample. That said, if you refuse a breath test (or blood test), you’ll face mandatory penalties, even if it turns out you were not over the legal limit. For a first time refusal, the penalty is a 90-day suspension and for a second refusal, it’s a one-year suspension. These suspensions are in addition to any other DUI-related suspension. Additionally, in Alabama, the law permits prosecutors to argue that you refused to take the test because you knew you were going to fail. Notwithstanding this, in some cases, refusing chemical testing can be a good strategic decision to avoid a DUI conviction because the lack of evidence suggesting you were intoxicated makes it harder for the government to prove its case against you.

Have You Been Arrested for a Second Alabama DUI?

If you have a prior DUI conviction and you were recently arrested for a second DUI, it is important you understand what’s at stake and what you can do to avoid a conviction. At the Stoves Law Firm, we have a long history of aggressively defending the rights and freedoms of good people facing repeat DUI offenses. Regardless of the facts of the case, what your record looks like, and what evidence the prosecutor has in their file, we can help you develop a compelling defense designed to ensure your arrest has as little impact on your future as possible. To learn more, and to schedule a free consultation today, call the Stoves Law Firm, P.C. at (205) 823-7233, or you can connect with us through our secure online contact form. 

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