BRANNON S. FORD, P.C.

ATTORNEY-AT-LAW

229 East Side Square
Huntsville, AL 35801


(256) 533-2450

bford@fordattorney.com

DUI SENTENCING SCHEDULE

    DUI SENTENCING SCHEDULE

 ACT NUMBER 2014-222

 

FIRST CONVICTION
IMPRISONMENT:     NOT MORE THAN ONE (1) YEAR
FINE:             NOT LESS THAN $600.00 
                  NOT MORE THAN $2,100.00
COMPLETION:       MUST COMPLETE A COURT REFERRAL PROGRAM
SUSPENSION:       DRIVER’S LICENSE FOR A PERIOD OF NINETY (90) DAYS
                  
Ignition Interlock Device required for two (2) years if:
                       
Refuses to provide blood alcohol;
                       
0.15 blood alcohol content or greater;
                       
Child under the age of 14 passenger in vehicle; or 
                       Someone other than offender injured.

SECOND CONVICTION

IMPRISONMENT:     NOT MORE THAN ONE (1) YEAR
                  
MANDATORY: IMPRISONMENT FOR AT LEAST FIVE (5) DAYS 
                  
AND/OR 
                  
COMMUNITY SERVICE FOR AT LEAST THIRTY (30) DAYS
FINE:             NOT LESS THAN $1,100.00
                  NOT MORE THAN $5,100.00
COMPLETION:       MUST COMPLETE A COURT REFERRAL PROGRAM
SUSPENSION:       DRIVER’S LICENSE FOR A PERIOD OF ONE (1) YEAR

Ignition Interlock Device required for two (2) years

THIRD CONVICTION

IMPRISONMENT:     NOT LESS THAN SIXTY (60) DAYS
                  
NOT MORE THAN ONE (1) YEAR
                  
MANDATORY: IMPRISONMENT FOR AT LEAST SIXTY (60) DAYS
FINE:             NOT LESS THAN $2,100.00
                  NOT MORE THAN $10,100.00
COMPLETION:       MUST COMPLETE A COURT REFERRAL PROGRAM
SUSPENSION:       DRIVER’S LICENSE FOR A PERIOD OF THREE (3) YEARS

Ignition Interlock Device required for three (3) years

FOURTH + CONVICTION:    CLASS C FELONY

IMPRISONMENT:     NOT LESS THAN ONE (1) YEAR & ONE (1) DAY
                  NOT MORE THAN TEN (10) YEARS
                  MANDATORY:  TEN (10) DAYS AT COUNTY JAIL
PROBATION:        NOT ELLIGIBLE UNTIL COMPLETION OF STATE CERTIFIED DEPENDENCY PROGRAM
                  CAN BE PLACED ON HOUSE ARREST WHILE ON PROBATION
FINE:             NOT LESS THAN $4,100.00
                  NOT MORE THAN $10,100.00
COMPLETION:       MUST COMPLETE A COURT REFERRAL PROGRAM
SUSPENSION:       DRIVER’S LICENSE FOR A PERIOD OF FIVE (5) YEARS

Ignition Interlock Device required for five (5) years

SENTENCE ENHANCEMENTS

THE DEFENDANT SHALL BE SENTENCED TO:

DOUBLE THE ABOVE MINIMUM PUNISHMENTS

IF:

A CHILD UNDER THE AGE OF 14 YEARS WAS PRESENT IN THE VEHICLE AT THE TIME OF THE OFFENSE

OR

AT LEAST 0.15 PERCENT OR MORE BY WEIGHT OF ALCOHOL

 

 Ignition Interlock Device

FIRST CONVICTION DRIVER LICENSE SUSPENSION (IF IGNITION INTERLOCK NOT REQUIRED): Upon the conviction and ninety day suspension, the ninety day suspension can be stayed if the offender elects to have an approved ignition interlock device installed and operating for six months on the designated vehicle driven by the offender.  This is only offered if the Ignition Interlock Device is NOT ordered or required in the sentencing and instead and is an option by the offender.

IGNITION INTERLOCK REQUIREMENT FOR FIRST AND SECOND CONVICTION: When Ignition Interlock Device is required and ordered by the court, after a minimum of 45 days of the license revocation or suspension and upon installation of the Ignition Interlock Device and all of its requirements, the required time period for the ignition interlock will start and the remaining suspension will be stayed and commuted upon the successful completed of the period of time in which the ignition interlock device is mandated to be installed and operational.

IGNITION INTERLOCK REQUIREMENT FOR THIRD CONVICTION: When Ignition Interlock Device is required and ordered by the court, after a minimum of 180 days of the license revocation or suspension and upon installation of the Ignition Interlock Device and all of its requirements, the required time period for the ignition interlock will start and the remaining suspension will be stayed and commuted upon the successful completed of the period of time in which the ignition interlock device is mandated to be installed and operational.

IGNITION INTERLOCK REQUIREMENT FOR FOURTH CONVICTION: When Ignition Interlock Device is required and ordered by the court, after a minimum of one year of the license revocation or suspension and upon installation of the Ignition Interlock Device and all of its requirements, the required time period for the ignition interlock will start and the remaining suspension will be stayed and commuted upon the successful completed of the period of time in which the ignition interlock device is mandated to be installed and operational.

Officially as of September 1, 2012, Alabama became the 50th state to impose the ignition interlock device as a penalty for anyone who is convicted of driving under the influence of alcohol. 

Once the device is installed in a vehicle, it will prevent the vehicle from starting if an alcohol percentage of .02% or higher is registered when a person blows into the tube. The device also requires a rolling start, which means that every few minutes, a driver will need to blow into the tube again. If the device detects alcohol on a person's breath, it will issue an alarm system that will go off until the vehicle is turned off. 

There are fees associated with the ignition interlock device. First, you'll need to pay a fee in order to have your driver's license reinstated after your suspension period has ended. Next, you'll be required to pay the installation cost, which may range from $50 to $200 or more.  And because you'll be renting the device, you'll be responsible for a monthly fee of $50 to $100. 

In addition, the device will need to be maintained and calibrated so that the recorded information can be downloaded. This will need to occur every 30 to 60 days and you'll be required to pay the fees associated with this. If you fail to have your device maintained, the courts will be notified and it will be considered a violation of your sentencing.

Any person convicted of a violation of this is punishable by imprisonment for not more than six months or a fine of not more than five hundred dollars ($500), or both.

 

Free initial consultations, call (256) 533-2450



No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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