Alabama DUI: Enhanced Penalties for a Super DUI in Alabama

By: Whitney Polson and Zander Carrie, Top-Rated DUI Lawyers Near Me in Alabama

A “super DUI” in Alabama refers to an aggravated DUI charge where a driver’s blood alcohol concentration (BAC) measures 0.15% or higher—nearly double the legal limit of 0.08%. This enhanced charge was established under Alabama Act 2011-621, commonly called the “Super DUI Law,” which Alabama Governor Robert Bentley signed on June 9, 2011. The new statute took effect September 1, 2011.

The super DUI law significantly increases penalties compared to standard first-offense DUI charges. Because of the life-altering potential punishments for such offenses, our lawyers travel STATEWIDE to defend these cases.

Under this statute, defendants with a BAC of 0.15% or greater face at least double the minimum punishment for their offense. As with all DUI arrests in Alabama, you only have 10 days to file an Administrative License Suspension appeal letter.

First Offense Super DUI Penalties

• Jail Time: Minimum one-year imprisonment, though the sentencing court is allowed authority to suspend the entire sentence. This is where a top-rated DUI attorney Alabama can help.
• Fines: $1,200 to $2,100 (the Super DUI law doubles the $600 minimum of the standard DUI fine “range” of $600 to $2,100; the $2,100 maximum does not change)
• License Suspension: 90 days, the same length as a standard first-offense suspension, but with a mandatory one-year ignition interlock period rather than an optional one
• Ignition Interlock Device: Mandatory for one year; after at least 45 days of the suspension, a court order and proof of installation start the interlock period and the rest of the suspension is stayed

By comparison, a standard first offense DUI with a BAC below 0.15% carries up to one year in jail (with no mandatory minimum), fines of $600 to $2,100, and a 90-day license suspension, which is stayed if the driver elects to install an ignition interlock device for 90 days.

The Legislative Purpose of Super DUI Laws in Alabama

Alabama became the 50th state to require ignition interlock devices for aggravated DUI convictions when the law took full effect in September 2012. The legislation was designed to make Alabama eligible for additional federal highway funding by imposing life-altering punishment on the most dangerous impaired drivers on the State’ of Alabama’s roadways.

The super DUI law reflects Alabama’s increasingly strict stance on drunk driving, recognizing that drivers with extremely high BAC levels present significantly greater dangers to public safety than those closer to the legal limit.

Other Traffic Laws for Which Aggravating Circumstances Will Boost DUI Penalties

Beyond having a “too-high” BAC, DUI laws in Alabama consider how several other aggravating factors in your case (which, if applicable) will enhance DUI penalties, but only if convicted of these crimes:

• Minor passenger in the vehicle: Having a child under 14 in the vehicle also doubles the minimum penalties for a driver over 21 and, on a first conviction, carries a mandatory one-year ignition interlock requirement
• Test refusal: Refusing to submit to the post-arrest chemical breath alcohol test (or a blood test, when drugs are the suspected impairing substance) brings the same 90-day suspension and mandatory one-year ignition interlock as a first-offense super DUI, but not the doubled minimum punishment
• Causing injury: DUI resulting in serious bodily injury will be prosecuted as first-degree assault, a Class B felony carrying up to 20 years in prison
• Causing death: DUI resulting in a fatality constitutes vehicular manslaughter, also a Class B felony with the same potential penalties set forth in the pervious segment

Those Who Reoffend: What Penalties Apply if One or More Super DUI Offenses Occur?

The penalties escalate dramatically for repeat super DUI convictions within Alabama’s 10-year “lookback period”:

• Second Super DUI (within 10 years): Serving a minimum of 10 days in jail or having to perform 60 days of community service;
• Boosted Fines: Having to pay fines of $2,200 to $5,100;
• Loss of the ability to drive: A one-year license revocation will be enforced, and after at least 45 days of it the offender has to pay for and endure a two-year ignition interlock requirement on the vehicle that you drive.
• Third Super DUI (within 10 years): Serving jail time of a minimum of 120 days to one full year behind bars
• Boosted Fines: Having to pay criminal court fines of between $4,200 and $10,100, a three-year license revocation, and a mandatory three-year ignition interlock device if that driver seeks to later reinstate her or his license.

For What Reason Are You Not Calling, Since the Alabama Legal Advice is FREE?

Trying to defend yourself in a DUI case is beyond foolhardy. Because the first 10 days after arrest are CRUCIAL, call as soon after arrest as possible, to PROTECT YOUR RIGHT TO KEEP DRIVING. Our main phone number is 205-871-8838. On weekends and after normal business hours dial (205) 401-3171, because these cases are time-sensitive emergencies.

We offer free legal advice on ARRESTS anywhere in the State of Alabama. In this FREE lawyer consultation, we are happy to discuss our payment plan options. Make the call and one of our friendly and understanding staff members will get just a little bit of information about you and your case. One of our top DUI lawyers will call you back the same day. We wish we could answer every call personally but we are in court most of the day. We would love to talk to you!