DUI Offenses & Consequences
Facing a DUI? Call Our Birmingham DUI Defense Lawyer
Daniel Larin has authored books and articles for defense lawyers to understand the most effective drunk driving defense strategies. We are prepared to clearly explain the penalties for all possible drinking and driving offenses and offer free initial one-hour consultations to help you get started.
For a first offense drunk driving charge, such as DWI, OWI, DUI, or UBAL, you face:
Up to 93 Days in Jail
A $500.00 Fine Plus Costs
Up to Two Years on Probation
The Possibility of Random Alcohol and Drug Testing
Substance Abuse Education or Treatment
At a minimum, a first offense drunk driving conviction will cause you to lose your driving privileges for 30 days followed by five months of restricted driving. Six points will be entered on your driving record. An impaired driving conviction will cause your driving privileges to be restricted for 90 days. Four points will be added to your driving record.
Having a high BAC of 0.17% or higher, known as "Super Drunk," you face up to 180 days in jail, a $700 fine plus costs, and up to two years probation. If convicted, there is a one year mandatory treatment and/or AA. A restricted license is required for one year with an interlock device after 45 days of no driving. Six points will be added to your driving record.
Second & Subsequent Offenses
Individuals can be charged with a second DUI offense if they have a prior conviction in the past seven years. A second offense is punishable by up to one year in jail and/or 30 days of community service, a fine of $200 to $1,000, and up to two years probation, and substance abuse education or treatment. The driver's vehicle must be immobilized for at least 90 days, unless it is ordered forfeited. Many judges jail people convicted of 2nd offense drunk driving.
A third drinking and driving conviction in a lifetime is a felony punishable by a minimum of 30 days in jail and fine of up to $5,000 plus court costs. You face a potential lifetime revocation of driving privileges and may not be able to apply for a driver license for up to five years. Individuals also face years on probation and vehicle immobilization for at least one year if the vehicle is not forfeited.
If you are stopped for drinking and driving and you have a passenger in your vehicle who is less than 16 years old, you could face up to a year in jail and a minimum of 90 days complete loss of driving privileges in addition to any other drinking and driving charge.
In addition, operating a vehicle while under the influence of drugs or medication, including marijuana or over the counter medication, the offense is treated like a drunk driving conviction. There may be exceptions for medical marijuana patients. You are not excused from this crime but you may have defenses.
Drunk Driving Causing Serious Personal Injury
Individuals accused of drunk driving resulting in serious personal injury face up to five years in prison, a fine of up to $5,000 plus costs, and a revocation of driving privileges for at least one year.
An accident resulting in a fatality is a felony punishable by up to fifteen years imprisonment, a fine of $1,000 to $5,000, and a driver's license revocation for not less than one year. Drunk drivers causing death can also be charged with 2nd degree murder a felony and face up to life in prison.
Whether you are charged with an OWI, DWI, Super Drunk, child endangerment, or impaired driving, Our Birmingham DUI defense lawyer is prepared to challenge the evidence against you. Contact us today to protect your rights.