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This Information Is Not Intended to Be Relied Upon As Legal Advice. Please Email Any Corrections Or Additions to Evanlevow@Dwi-Nj.Com This information is not intended to be relied upon as legal advice. Please email any corrections or additions to [email protected]. © 2011 Levow & Associates, P.A. – All Rights Reserved STATE LICENSEE WITH IN‐STATE DUI RESULT OF REFUSAL LICENSEE WITH OUT‐OF‐STATE DUI ALABAMA 1st Offense 1st Offense If you have a criminal conviction of DUI/DWI in another state, • Jail up to one (1) year (probation is possible if you qualify); and • 90 day license suspension and it is reported to the Alabama Department of Public Safety, Alabama Department • Fine not less than $600.00 and up to $2,100.00 plus court costs; they will suspend your license for the following terms: of Public Safety and 2nd Offense Within 5 years • 1st Offense ‐ 90 days • 90‐day driver license suspension OR one year driver license • 1 year license suspension • 2nd Offense – 1 year Division Chief: (334) revocation. No “work permit” is available at all. • 3rd Offense – 3 years rd 353‐1470 • Ignition Interlock device installed on your vehicle for two years 3 Offense Within 5 years • 4th or Subsequent – 5 years if convicted under “Aggravating Circumstances” • 3 year license suspension The Dept. of Public Safety must give a due process hearing if Chief Driver License requested and out of state suspension is discretionary, though, th Examiner: (334) 353‐ 2nd Offense Within Five Years 4 or Subsequent Offense Within 5 years in practice, they always impose the suspension above. 1974 • Jail not less than five (5) days and up to one (1) year • 5 year license suspension (mandatory 5 day sentence OR 30 days community service); NOTE: Alabama does not honor out‐of‐state administrative Driver License: (334) and AL ST § 32‐5‐192. Implied consent; when tests administered; suspensions – only on out‐of‐state criminal convictions. 242‐4400 (Menu • Fine not less than $1,100.00 and up to $5,100.00 plus court suspension of license or permit to drive, etc., for refusal to Option) costs; and submit to test. Alabama will not take action if you refuse the breathalyzer in • One year driver license revocation – No “work permit” is another state. Crash Reports/Driver available at all. Records: (334) 242‐ • Two‐Year Ignition Interlock on your vehicle starts after your Hardship License 4241 driver license revocation period ends. Alabama does not offer hardship licenses or work permits. Reinstatement: (334) 3rd Offense Within Five Years Interlock Device 242‐4259 • Jail not less than sixty (60) days and up to one year (mandatory Alabama will not require an interlock device, even if it was 60 day sentence; probation is NOT possible); and mandated in the sentence of an out‐of‐state court. Safety Responsibility: • Fine not less than $2,100.00 and up to $10,100.00 plus court (334) 242‐4222 costs; and Monetary Assessment • Three year driver license revocation – No “work permit” is • For a 90 day suspension, $275 reinstatement fee available at all. • For a revocation, $275 reinstatement fee as well as • Three‐Year Ignition Interlock on your vehicle starts after your complete an interview and investigation with the driver license revocation period ends. Department of Public Safety 4th or Subsequent Offense Within Five Years (Class C felony) ‐ Insurance Issues • Imprisonment for not less than one year and up to ten (10) Must file proof of financial responsibility with Dept. of Public years; and Safety to avoid having registration of vehicle suspended. • Fine not less than $4,100.00 and up to $10,100.00 plus court Alabama is authorized to suspend or revoke license upon Evan M. Levow, Esq. Practice Limited to DWI Defense in New Jersey & Pennsylvania www.NewJerseyDWILawyer.com www.PennsylvaniaDUILawyers.com This information is not intended to be relied upon as legal advice. Please email any corrections or additions to [email protected]. © 2011 Levow & Associates, P.A. – All Rights Reserved costs; and receiving notice of conviction in another state. • Five year driver license revocation – No “work permit” is available at all. AL ST § 32‐5A‐195. Cancellation, suspension, or revocation of • Five‐Year Ignition Interlock on your vehicle starts after your driver's license; grounds, procedure, etc. driver license revocation period ends. Upon notice of conviction under the compact, Alabama shall “DOUBLE MINIMUM PUNISHMENT” Penalty: If convicted of DUI treat the DUI as if it had occurred in the home state. with a test result .15% or greater, the court is required to impose “double minimum punishment.” Fines and jail terms automatically AL ST § 32‐6‐31. Terms of compact. double. For first offense DUI, the driver license is revoked for one year. AGGRAVATING CIRCUMSTANCES: “Aggravating Circumstances” require ignition interlock on first DUI offense for any of the following: (1) Refusing the breath test; (2) Breath alcohol test result is .15% or greater; (3) A child under 14 years of age was in the vehicle at the time of the DUI offense; or (4) Someone other than the offender was injured at the time of the offense. Ignition interlock is required on all second and subsequent DUI convictions, without regard to circumstances or conditions. If convicted of DUI more than once in a 5 year period, the Alabama Department of Revenue may suspend a person’s registration of all owned vehicles. Ignition Interlock Device (IID) Requirements (Beginning September 1, 2012) 1st offense conviction: • If blood alcohol concentration .15% or greater, or • Any breath test refusal, or • If any child under 14 present in vehicle, or • If any person (other than defendant) is injured as a result of driving Ignition Interlock required on all second offense convictions within a 5 year period (without regard to circumstances) Duration of installation: • Two years for first offense conviction (from date of license reissuance) Evan M. Levow, Esq. Practice Limited to DWI Defense in New Jersey & Pennsylvania www.NewJerseyDWILawyer.com www.PennsylvaniaDUILawyers.com This information is not intended to be relied upon as legal advice. Please email any corrections or additions to [email protected]. © 2011 Levow & Associates, P.A. – All Rights Reserved • Two years for second offense conviction (from date of license reissuance) • Three years for third offense conviction (from date of license reissuance) • Five years for fourth offense conviction (from date of license reissuance) Note that license revocation period must be served in full prior to installation of ignition interlock. IID Related Fees & Facts • Additional court fee: $75 per month for the first four months ($300 total) to the sentencing court • $150 additional fee to DPS for “ignition interlock required” driver license • Installation of approved interlock device to a specific VIN numbered vehicle prior to obtaining restricted driver license • Installation of device by DFS approved vendors (out‐sourced to private industry) • If defendant does not own a vehicle, mandatory $75 per month fee to the clerk of the court for the same duration as if an ignition interlock was installed. AL ST § 32‐5A‐191. Driving while under influence of alcohol, controlled substances, etc. ALASKA 1st conviction Refusal to submit to a chemical test while under arrest for If you are convicted of DUI/DWI in another state, Alaska will • 72‐hour to one‐year jail term operating a motor vehicle, commercial motor vehicle, or suspend your license for the following terms: • $1,500 to $10,000 fine aircraft while under the influence of an alcoholic beverage is • 1st Offense in 15 years ‐ 90 days • 90‐day+ license revocation. grounds for the immediate revocation of a driver's license, • 2nd Offense in 15 years ‐ 1 year privilege to drive, or privilege to obtain a license. • 3rd or Subsequent Offense in 15 years – 3 years 2nd offense within 15 years • 20‐day to one‐year jail term Minimum periods of revocation are If you refuse the breathalyzer in another state, Alaska will • $3,000 to $10,000 fine • not less than 90 days if the person has not been previously suspend your license for the following terms: • one‐year+ license revocation convicted; • 1st Offense in 15 years ‐ 90 days • not less than one year if the person has been previously • 2nd Offense in 15 years ‐ 1 year convicted once; 3rd conviction within 15 years • 3rd or Subsequent Offense in 15 years – 3 years • not less than 3 years if the person has been previously • 60‐day to one‐year jail term convicted twice; Evan M. Levow, Esq. Practice Limited to DWI Defense in New Jersey & Pennsylvania www.NewJerseyDWILawyer.com www.PennsylvaniaDUILawyers.com This information is not intended to be relied upon as legal advice. Please email any corrections or additions to [email protected]. © 2011 Levow & Associates, P.A. – All Rights Reserved • $4,000 to $10,000 fine • not less than 5 years if the person has been previously Hardship License • 3‐year license revocation convicted more than twice. It is uncertain whether the provisional license in Alaska would be • vehicle forfeiture available if privileges are canceled in Alaska as a result of an out‐ AS § 28.15.181. Court suspensions, revocations, and limitations of‐state conviction or suspension. 4th conviction within 15 years • 120‐day+ jail term Monetary Assessments • $5,000 to $10,000 fine It is uncertain whether a fee would be required to re‐instate • 10‐year license forfeiture license if privilege to drive in Alaska is cancelled, suspended or • vehicle forfeiture revoked as a result of conviction or suspension in another state. However, there is a $250 reinstatement fee if license revoked for in‐state DUI. 5th conviction within 15 years • 240‐day+ jail term Insurance Issues • $6,000 to $10,000 fine Driver must show proof of insurance for the future, SR‐22, for a • 10‐year license forfeiture period of 5 years if convicted of DUI or refusal in Alaska, and 3 • vehicle forfeiture years if administratively revoked for DUI or refusal, but not convicted.
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