Is a DUI a Felony in Alabama?
Driving under the influence (DUI) is a serious offense in Alabama. In our state, a DUI can be classified as a misdemeanor or a felony, depending on the number of prior offenses, the presence of aggravating circumstances, and whether the offense resulted in injury or death.
The sections below define DUI and explain when such offenses are considered felonies.
DUI as a Misdemeanor in Alabama
For most first-time offenders, a DUI in Alabama is charged as a misdemeanor. Under state law, it is unlawful for a person to operate a vehicle if they are under the influence of alcohol, drugs, or any impairing substance.
A person with a blood alcohol concentration (BAC) of 0.08% or more is presumed to be driving under the influence. Multiple DUIs increase the penalties for offenders.
First Offense DUI
A first DUI offense is classified as a Class A misdemeanor and is punishable by:
- Up to 1 year in jail,
- A fine of up to $2,100,
- A 90-day license suspension,
- Mandatory DUI education or substance abuse treatment.
Even a first DUI conviction can carry serious legal and personal consequences.
Second Offense DUI
For a second DUI conviction within a 10-year period, the penalties increase to:
- Jail time of up to 1 year,
- A fine of up to $5,100,
- A 1-year license revocation,
- Mandatory community service of at least 30 days.
A second DUI offense within a 10-year period reflects a pattern that the court treats much more severely.
Third-Offense DUI
A third offense is still a misdemeanor, but with escalating penalties, including:
- Minimum jail time of up to 1 year,
- Fines up to $10,100,
- 3-year license revocation,
- Mandatory substance abuse treatment.
Importantly, repeated offenses or aggravating factors can elevate a DUI to a felony in Alabama.
When Does a DUI Become a Felony in Alabama?
A DUI becomes a felony in Alabama under the following circumstances:
Fourth or Subsequent DUI Conviction
According to Ala. Code § 32-5A-191(h), a fourth DUI offense within 10 years is classified as a Class C felony. The penalties for a felony DUI include:
- Up to 10 years in state prison (with a minimum of 10 days required),
- Fines between up to $10,100,
- 5-year license revocation,
- Mandatory ignition interlock device,
- Substance abuse treatment and evaluation.
The felony classification reflects the state’s intent to impose progressively harsher penalties on repeat offenders.
DUI Causing Injury or Death
A DUI can be charged as a felony if it results in serious injury or death. These charges may include. In these cases, the prosecution must prove that the driver was impaired and that their impairment directly caused the injury or death.
DUI with a Child Passenger
Driving under the influence with a child under 14 years old in the vehicle is considered an aggravating factor. This significantly increases the penalties and may influence how the prosecution charges the case.
Collateral Consequences of a Felony DUI
A felony DUI conviction in Alabama carries long-lasting consequences beyond fines and prison time. These include:
- Loss of civil rights, such as the right to vote or possess firearms,
- Employment difficulties,
- Increased insurance rates or inability to obtain coverage,
- A permanent criminal record.
For those charged with felony DUI, it is crucial to seek legal representation immediately.
Contact an Experienced Birmingham DUI Lawyer for Help
An experienced DUI lawyer in Birmingham can help you protect your rights after a DUI charge. Here’s how an attorney can help:
- Review the legality of the traffic stop to determine if constitutional rights were violated.
- Challenge the accuracy of field sobriety tests and breathalyzer results.
- Identify procedural errors in how the arrest or testing was conducted.
- Negotiate plea deals to reduce charges or penalties, particularly for first-time offenders.
- Fight to retain your driving privileges, including challenging a license suspension.
- Advocate for alternative sentencing, such as diversion programs, community service, or treatment in place of jail time.
- Represent you in court and present a strong defense strategy tailored to the facts of your case.
- Help minimize long-term consequences, including the impact on your criminal record, employment, and insurance.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. today to schedule a confidential consultation to discuss how we can help defend you against a DUI charge.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800