Changes to the Alabama Point System could impact your DUI case or Traffic Violation. Call us NOW (866) 348-2889

The Kreps Law Firm, LLC team focuses on defense against Alabama DUI and traffic charges. Learn more about who we are and what we do by reading read some of our case results and clients’ testimonials, and then send us an e-mail briefly describing your case. We promptly will arrange for an evaluation of your case at no charge.

Recently, the point system related to Alabama traffic and DUI violations has been amended. Please contact our office as soon as possible if you have been charged with a violation and we will discuss your case with you and can help you through the process. Call us TODAY at (866) 348-2889.

From the website of the Alabama Department of Public Safety:

Driver License Point System

Points are assessed for various violations as follows (Effective May 1, 2009):

• • Any conviction which resulted from a charge that involved the drinking of alcoholic beverages and the driving of a motor vehicle but did not require mandatory revocation of the driver license - 6 points

• • Reckless driving or reckless endangerment involving operating a motor vehicle - 6 points

• • Failure to yield right-of-way - 5 points

• • Passing stopped school bus - 5 points

• • Wrong side of road/illegal passing - 4 points

• • Following too closely - 3 points

• • Disregarding traffic control device (stop sign, traffic light, etc.) - 3 points

• • All other moving violations - 2 points

• • Inability to control vehicle - 2 points

• • Improper lane - 2 points

• • Speeding (1 to 25 mph over speed limit) - 2 points

• • Speeding (26 or more mph over speed limit) - 5 points

• • Drinking alcohol while operating a vehicle - 2 points

• • Admin per se - 6 points

• • Improper operation of motorcycle - 2 points

• • Fail to obey construction/maintenance zone markers/flagman/police officer/restricted lane - 3 points

• • Emergency vehicles - 2 points

• • Fail to signal/use incorrect turn signal - 2 points

• • Making improper turn - 2 points

• • Coasting - 2 points

• • Unsafe operation - 2 points

The following schedule is used to determine the length of a suspension period:-

• • 12-14 points in a 2-year period ­ 60 days

• • 15-17 points in a 2-year period ­ 90 days

• • 18-20 points in a 2-year period ­ 120 days

• • 21-23 points in a 2-year period ­ 180 days

• • 24 and above points in a 2-year period ­ 365 days

After a traffic conviction is 2 years old, it loses its point count for suspension purposes but remains on a driver's record.

FROM THE ALABAMA ADMINISTRATIVE CODE:

760-X-1-. 07 Suspension and Revocation of Driver License Under The Point System.

(1) Code of Ala. 1975, as amended, § 32-5A-195, provides that the Director of Public Safety shall forthwith revoke the license of any driver upon receipt of such driver’s record of any of the following offenses when such conviction has become final : manslaughter resulting from the operation of a motor vehicle; driving a motor vehicle by a person who is habitual user of narcotic drugs, or while intoxicated, any felony in the commission of which a motor vehicle is used; failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another; perjury, or the making of a false affidavit or statement under oath to the Director of Public Safety under this article, or under any other law relating to the ownership or operation of motor vehicles.

Section 32-10-1(b) also provides that the Director shall revoke the driver license of persons convicted of leaving the scene of an accident under this section, §32-5A-195 further provides that the Director of Public Safety of the state of Alabama is authorized to suspend the driver license of a driver who is determines to be: (1) a habitually reckless or negligent driver of a motor vehicle, or (2) is a habitual violator of the traffic laws. However, there is no clear, uniform basis upon which the Director may act in finding that the driver license of a person should be suspended on either or both of the above grounds. Therefore, in order to establish a uniform system of suspending drivers’ licenses on either or both of the grounds listed in §32-5A-195, the following classifications of point values shall be assessed for the following enumerated offenses against each driver, whether occurring within or without the State of Alabama:

(a) Any conviction which resulted from a charge that involved the drinking of alcoholic beverages and the driving of a motor vehicle but did not require mandatory revocation of the driver license…6 points

(b) Reckless Driving or Reckless Endangerment involving operating a motor vehicle…6 points

(c) Failure to Yield Right of way……....5 points

(d) Passing Stopped School Bus………5 points

(e) Wrong Side of Road/Illegal Passing...4 points

(f) Following too closely……………….3 points

(g) Disregarding Traffic Control Devices..3 points

(h) All other Moving Violations…………2 points

(i) Inability to Control Vehicle………….2 points

(j) Improper lane violation……………....2 points

(k) Speeding violation to include 1-25 mph over speed limit… 2 points

(l) Speeding 26 or more over speed limit...5 points

(m) Drinking alcohol while operating a vehicle…2 points

(n) Admin per se…………………………6 points

(o) Improper operating of motorcycle………2 points

(p) Fail to obey construction/maintenance zone marker/flag man /police officer/restricted lane……3 points

(q) Emergency vehicles violation……………2 points

(r) Fail to signal/use incorrect turn signal……2 points

(s) Making improper turn…………………..2 points

(t) Coasting………………………………..2 points

(u) Unsafe operation………………………..2 points

(2) The Director shall suspend a driver license in accordance with the following schedule; provided however, that the Director may modify or alter the suspension period as set out below, if upon the completion of the administrative hearing, the findings warrant a different suspension period:

(a) 12-14 points in a 2-year period ­ 60 days

(b) 15-17 points in a 2-year period ­ 90 days

(c) 18-20 points in a 2-year period ­ 120 days

(d) 21-23 points in a 2-year period ­ 180 days

(e) 24 and above points in a 2-year period ­ 365 days

(3) Upon receipt of notice of the suspension of his driver license, the driver may request a pre-suspension or administrative hearing in the county of his residence before an agent of the Director of Public Safety. If a pre-suspension hearing is requested within ten (10) days of the date of the notice, suspension is deferred until date of hearing. The result of this hearing will be forwarded to the Director of the Department of Public Safety who shall either affirm, rescind or good cause appearing therefore, may extend the period of suspension of such license.

(4) Upon notification of the results of the administrative hearing, the driver, if dissatisfied with the results of said hearing, has thirty (30) days within which he may appeal to the circuit court of the county of his residence.

(5) Reports of traffic convictions shall retain their point value for suspension purposes for a period of two years from the date of conviction.

(6) Upon completion of the period of suspension given by the Director, the point value of the reports upon which said suspension was based shall not be considered for subsequent suspension purposes, provided that if upon an administrative hearing the period of suspension be mitigated, the points shall remain effective during any period or probation which may be imposed.

(7) If a license changes his name or address, he shall notify the Department of Public Safety, Driver License Division, within thirty (30) days.

Kreps Law Firm, LLC is an experienced Alabama DUI, reckless driving and traffic defense firm that handles DUI and traffic violations cases (including reckless driving, speeding and DUI) statewide and in Alabama. Kreps Law Firm LLC can advise the best course of action, both for Alabama residents and out of state drivers who receive a citation on Alabama roadways.

To speak with the Alabama DUI, Reckless Driving and Traffic Ticket Attorneys at Kreps Law Firm, LLC call us at (866) 348-2889 or email at DUI@WinWithKreps.com or traffic@WinWithKreps.com or visit our websites at www.Alabama-DUI-Defense.com , www.AlabamaRecklessDrivingAttorney.com or www.AlabamaSpeedingTicket.com or www.AlabamaTrafficTicketAttorney.com .

Alabama , Alabama Drunk Driving DUI Laws Violation and Penalties. Call (866) 348-2889

Having a DUI charge pending in Alabama can be tough. That's why you need the experienced and aggressive DUI defense attorneys at Kreps Law Firm, LLC. Visit our Alabama DUI defense website at www.Alabama-DUI-Defense.com for more information.

In Alabama, after your arrest you only have 10 days in which to request an administrative hearing to save your driver’s license. Call us today so that you do not let time elapse and miss your opportunity to challenge your administrative license suspension. If the 10 days has passed in your case, call us now to discuss your options at 866-348-2889.

Below you will find a copy of the DUI statute in Alabama 32-5A-191. As you can see, even on a first DUI your fine can be up to $2100 and you can spend up to 1 year in jail. In addition, the Alabama legislature will consider a bill in February 2009 in which to make these DUI laws in Alabama much tougher. Call us today at 866-348-2889 to discuss your case or visit our website at www.WinYourAlabamaDUI.com. Code of Ala. § 32-5A-191(2008)
§ 32-5A-191. Driving under the influence.

(a) A person shall not drive or be in actual physical control of any vehicle while:

(1) There is 0.08 percent or more by weight of alcohol in his or her blood;

(2) Under the influence of alcohol;

(3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving;

(4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or

(5) Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.

(b) A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is .02 percentage or more by weight of alcohol in his or her blood. The Department of Public Safety shall suspend or revoke the driver's license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection. Notwithstanding the foregoing, upon the first violation of this subsection by a person whose blood alcohol level is between .02 and .08, the person's driver's license or driving privilege shall be suspended for a period of 30 days in lieu of any penalties provided in subsection (e) of this section and there shall be no disclosure, other than to courts, law enforcement agencies, and the person's employer, by any entity or person of any information, documents, or records relating to the person's arrest, conviction, or adjudication of or finding of delinquency based on this subsection.

All persons, except as otherwise provided in this subsection for a first offense, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection shall be fined pursuant to this section, notwithstanding any other law to the contrary, and the person shall also be required to attend and complete a DUI or substance abuse court referral program in accordance with subsection (i).

(c) (1) A school bus or day care driver shall not drive or be in actual physical control of any vehicle while in performance of his or her duties if there is greater than .02 percentage by weight of alcohol in his or her blood. A person convicted pursuant to this subsection shall be subject to the penalties provided by this section except that on the first conviction the Director of Public Safety shall suspend the driving privilege or driver's license for a period of one year.

(2) A person shall not drive or be in actual physical control of a commercial motor vehicle as defined in 49 CFR Part 390.5 of the Federal Motor Carrier Safety Regulations as adopted pursuant to Section 32-9A-2, if there is .04 percentage or greater by weight of alcohol in his or her blood. Notwithstanding the other provisions of this section, the commercial driver's license or commercial driving privilege of a person convicted of violating this subdivision shall be suspended for the period provided in accordance with 49 CFR Part 383.51 or 49 CFR Part 391.15, as applicable, and the person's regular driver's license or privilege to drive a regular motor vehicle shall be governed by the remainder of this section if the person is guilty of a violation of another provision of this section.

(d) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a controlled substance shall not constitute a defense against any charge of violating this section.

(e) Upon first conviction, a person violating this section shall be punished by imprisonment in the county or municipal jail for not more than one year, or by fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or by both a fine and imprisonment. In addition, on a first conviction, the Director of Public Safety shall suspend the driving privilege or driver's license of the person convicted for a period of 90 days.

(f) On a second conviction within a five-year period, a person convicted of violating this section shall be punished by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand one hundred dollars ($5,100) and by imprisonment, which may include hard labor in the county or municipal jail for not more than one year. The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days or community service for not less than 30 days. In addition the Director of Public Safety shall revoke the driving privileges or driver's license of the person convicted for a period of one year.

(g) On a third conviction, a person convicted of violating this section shall be punished by a fine of not less than two thousand one hundred dollars ($2,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment, which may include hard labor, in the county or municipal jail for not less than 60 days nor more than one year, to include a minimum of 60 days which shall be served in the county or municipal jail and cannot be probated or suspended. In addition, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of three years.

(h) On a fourth or subsequent conviction, a person convicted of violating this section shall be guilty of a Class C felony and punished by a fine of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment of not less than one year and one day nor more than 10 years. Any term of imprisonment may include hard labor for the county or state, and where imprisonment does not exceed three years confinement may be in the county jail. Where imprisonment does not exceed one year and one day, confinement shall be in the county jail. The minimum sentence shall include a term of imprisonment for at least one year and one day, provided, however, that there shall be a minimum mandatory sentence of 10 days which shall be served in the county jail. The remainder of the sentence may be suspended or probated, but only if as a condition of probation the defendant enrolls and successfully completes a state certified chemical dependency program recommended by the court referral officer and approved by the sentencing court. Where probation is granted, the sentencing court may, in its discretion, and where monitoring equipment is available, place the defendant on house arrest under electronic surveillance during the probationary term. In addition to the other penalties authorized, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of five years.