First Time Offender Laws in Alabama

DUI Law

If you are arrested for a first DUI in Alabama you will be subject to both administrative (license suspension) and criminal (jail, fines, etc.) penalties. The assessment of penalties is case-specific -- that is, various circumstances such as the amount of damage, injury, speed or other other factors will influence the penalties. Unlike many states, Alabama does not explicitly mandate enhanced penalties in light of elevated BAC (blood alcohol content) at time of arrest.

Administrative Penalties

Arrest carries mandatory license suspension of 90 days. Hearing concerning impending license suspension must be requested within ten (10) days following arrest with Alabama Department of Public Safety

Refusal to submit, if applicable to a given DUI case, carries a mandatory license suspension of 90 days for first offense.

Courts can mandate alcohol or substance abuse assessment, treatment, or screening.

Vehicle confiscation and ignition interlock devices do not occur in first offense convictions.

Criminal Penalties

First offense is a misdemeanor and carries a maximum sentence of one (1) year of incarceration, with no minimum period mandated. Most cases are resolved without further incarceration, after the initial arrest and booking.

Fines applicable in first offense range from $600 to $1200, plus fines and fees incurred in completing any alternative sentence arrangement.

Convictions remain on a person's record for five (5) years and may be used to influence sentencing for subsequent DUI convictions.

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USCIS to Begin Accepting Applications under the International Entrepreneur Rule

U.S. Citizenship and Immigration Services (USCIS) announced today it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision. Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018. This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.

However, a Dec. 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The Dec. 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.

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