Last week, we covered the ignition interlock device and how it applies to Alabama DUI convictions. On June 9, 2011, Gov. Robert Bentley not only signed the ignition interlock bill, but also the double minimum punishment bill. Both acts have significant impact on Alabama DUI law. The effective date of both acts was Sept. 1, 2011. However, as discussed last week, the implementation for the ignition interlock began on Sept. 1 of this year. Both of these bills are part of Alabama’s “Get Tough on DUI” initiative. After last week’s article was published, I realized that we had not explained the double minimum punishment addition to Alabama’s DUI laws.   

The requirement adds an entirely new sub-section to Alabama’s DUI law, found in Alabama Code section 32-5A-191. This sub-section increases the punishment of a convicted DUI offender if they have what is considered a high blood alcohol level. If the driver’s blood alcohol level is .15 percent or greater (roughly double the legal limit) while operating a vehicle, the sentence shall be at least double the minimum punishment that the person would have received.

For a first “regular” DUI conviction, a driver can expect a jail sentence of not more than a year, and/or a fine of at least $600 but not more than $2,100. Jail time is not mandatory on a first conviction of DUI. Additionally, the driver’s license will be suspended for 90 days. Under the new law, if a driver has a blood alcohol level of .15 or more, the fine is doubled to at least $1,200 but not more than $4,200. The minimum incarceration period must be one year in jail. However, this sentence can be suspended by the court and the offender can be placed on probation. Finally, the driver’s license will be suspended for one year as opposed to 90 days.

Similarly, if a driver is convicted a second time within five years of his first DUI, he is required to serve a jail sentence of at least five days but not more than one year, or perform at least 30 days of community service.  The fine imposed will be at least $1,100 but not more than $5,100.  Further, his driver license shall be revoked (rather than just suspended) for one year. Upon a third conviction, a defendant is required to serve at least 60 days in jail, which cannot be probated or suspended by the judge, but cannot be required to serve more than one year.  The fine imposed will be at least $2,100 but not more than $10,100. In addition, the defendant’s driver license will be revoked for a period of three years. Under the new law, a driver with .15 blood alcohol level or more will find all these minimum/maximum sentencing requirements doubled.