Second DUI in AL. First was about 15 years ago. I was asleep in the car. What am I facing.

There is a lot here that needs to be answered. Did you blow, what was the reading? Did you perform any field sobriety tests or make any statements to the police? My advice, get an experienced Alabama Dui Defense Lawyer as soon as possible and go over these issues. There may be a lot that can be done to fight this. However, sleeping in your car while drunk, believe it or not, can convict of a DUI in Alabama because you had control over the vehicle at the time. You can even be charged if you were merely walking towards your car. It's crazy but the law currently on the books. Call an attorney today for a more indepth discussion. There is a great deal you can do in DUI cases to fight or mitigate the damage.

A skilled, experienced DUI lawyer uses many techniques to help an individual defend against a DUI charge. I recommend you consult an attorney to represent you.

Your original question is "what am I facing?" Though you report a DUI from 15 years ago, under current AL law, this case will be considered a first for penalty purposes. The range of penalty on a first is a fine from $600-2100, incarceration from 0-365 days (with no minimum mandatory time), DL suspension of 90 days, court referral assessment (DUI classes, etc.) and payment of court costs. As well, you would face consequences, aside from penalty of the court, with your insurance company, employment opportunities, etc. If there were certain aggravating circumstances (refusal, .15 or higher breath, children in vehicle, accident with injury), you will face added penalties that could include: ignition interlock, double minimum fine, etc. The important thing to know, is that these penalties apply only upon conviction. Therefore, it is important to consult an experienced DUI defense lawyer. From what you report, there are many possible angles of defense to your case.

The state of Alabama adheres to a five-year limitation for prior DUI offenses. The previous case from 15 years ago will not have any effect. A first DUI arrest is prosecuted as a misdemeanor. If convicted, the driver faces the possibility of incarceration in the county or municipal jail. Imposition of an active jail sentence for first DUI conviction is within the discretion of the court. By statute, a fine of not less than $600 nor more than $2,100, plus court costs, will be imposed by the court. If the offense was entered with a .15% blood alcohol test result, then upon conviction, the sentencing court is required to impose double minimum punishment. The defendant will also be ordered to attend a court approved substance abuse program. After evaluation by the Court Referral Officer (CRO), the convicted motorist will be enrolled in either the Level I or the Level II substance abuse program. Failure to complete the CRO program as required will result in a delinquency report and the likelihood of an active jail sentence imposed for failing to obey the court’s orders. There have been substantial changes in Alabama's DUI laws since enactment of Act 2014-222, effective July 1, 2014. If the motorist submitted to a breath test, and the result was less than .15% breath test, upon conviction the motorist’s driver license will be suspended for 90 days by the Department of Public Safety unless the convicted motorist “elects” to install an ignition interlock device and maintain the interlock device for a period of six (6) months. The motorist will be issued an “interlock restricted” driver license and may only operate a vehicle if an operable interlock device is installed on the vehicle. If the breath test was .15% or greater or the motorist refused breath testing, the convicted offender must serve 45 days of license suspension before they can install an interlock device and receive the restricted driver license. After 45 days of license suspension, and upon proof of installation of an approved interlock device, the remainder of the 90 day suspension is stayed. Any remaining period not served is commuted after successful completion of the two year interlock requirement.

If you have a fair prosecutor, he should agree to no jail time (or a suspended sentence), fines & costs, probation, require you to attend a court referral program (drug/alcohol evaluation) and pay restitution for any property damaged (at least that's what I would do as a prosecutor). This all assumes that you didn't injure anyone and that the prosecutor is fair. If you were drunk and asleep in your vehicle that was running, I wouldn't think it would be very hard for a prosecutor to prove to a judge that you're guilty of DUI, circumstances considered. The 15-yr-old DUI cannot be used to increase your sentence; however, it can still be seen/considered by the judge.