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Does an Out-of-State DUI Conviction Count to Enhance a DUI?


out-of-state dui conviction enhance driving under the influence attorney mobile alabama


    Yes, any other DUI conviction counts when determining the sentence for a DUI.  


    The penalty for Driving Under the Influence in Alabama depends on how many prior DUI convictions you have.  The more previous convictions, the harsher the penalty, all the way up to your DUI being a felony.  


   It used to be that only Alabama convictions counted as previous convictions for DUI — possibly not even municipal convictions counted.  The Alabama legislature changed that in 2006, though.  


    In 2006, the legislature amended the DUI statute to say: “A prior conviction within a five-year period for driving under the influence of alcohol or drugs from this state, a municipality within this state, or another state or territory or a municipality of another state or territory shall be considered by a court for imposing a sentence pursuant to this section.”  Ala. Code 32-5A-191(p). 


    The court has ruled that this amendment made it clear that out-of-state and municipal convictions count when determining the sentence for a Driving Under the Influence charge in Alabama.


Although I am an attorney, I am not your attorney.  Please do not rely on anything on this page as legal advice because any specific advice would depend on your situation.  Any results posted on this page are not guarantees of outcomes in your case.

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