Will a second DUI be a felony in Alabama? 3 Answers as of April 27, 2011

Would my brother immediately be charged with a felony after his second DUI arrest? He lives in Montgomery.

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Nope. A second is not a felony, and the required custodial minimum period of incarceration, 48 hours, can be substituted with 30 days of community service. However, although not mandatory, he could be sentenced to up to one year in jail, so he needs counsel. Stay well.
Answer Applies to: Alabama
Replied: 4/26/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
A second conviction for DUI in Alabama is not a felony. The ranges of punishment is a fine of not less than $2,100 nor more than $4,100, imprisonment in the Metro jail for not more than one (1) year or less than five (5) days. The five days can, in some instances, can substituted for 240 hours of community service. There is a suspension of driving privileges for a period of one (1) year as well as level II DUI school.
Answer Applies to: Alabama
Replied: 4/27/2011
Beard Law Group, P.C.
Beard Law Group, P.C. | Christopher Beard
Generally, it takes 4 DUIs to get to felony status. Your 4th DUI is a felony.
Answer Applies to: Alabama
Replied: 4/26/2011
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