Alabama license suspension question, a little confused

[ComplicatedDui]

What is the name of your state (only U.S. law)? Alabama

Let me say this is my 3rd dui. The first one was in Feb. of 2008 (this will be 5 years ago pretty soon) and the second one in Oct. also in 2008.
The third dui took place in Feb. 2012. Note, these are the dates I was actually convicted in court.

First dui I got a 30 day suspension (might have been 90 days). Second dui I got a year suspension. This third dui I got a 3 year suspension.

This third dui was actually reduced in court to be charged as my second dui instead of 3rd. This avoided me a year in jail.

If I get a clerk sealed letter showing my 3rd dui was actually charged as my second dui, would the DMV reduce the suspension to 1 year instead of 3?

Seems like a shot in the dark, I also don't know much about the "point system" in alabama. I only have those duis on my record so I think I would only have 6 points against me.

Additional question: How do I go about getting the first dui expunged next month since it will be 5 years? Is it automatic?

 

[TheGeekess]

What is the name of your state (only U.S. law)? Alabama

Let me say this is my 3rd dui. The first one was in Feb. of 2008 (this will be 5 years ago pretty soon) and the second one in Oct. also in 2008.
The third dui took place in Feb. 2012. Note, these are the dates I was actually convicted in court.

First dui I got a 30 day suspension (might have been 90 days). Second dui I got a year suspension. This third dui I got a 3 year suspension.

This third dui was actually reduced in court to be charged as my second dui instead of 3rd. This avoided me a year in jail.

If I get a clerk sealed letter showing my 3rd dui was actually charged as my second dui, would the DMV reduce the suspension to 1 year instead of 3?

Seems like a shot in the dark, I also don't know much about the "point system" in alabama. I only have those duis on my record so I think I would only have 6 points against me.

Additional question: How do I go about getting the first dui expunged next month since it will be 5 years? Is it automatic?

First Conviction:

Imprisonment - Up to 1 year in municipal or county jail (no minimum mandatory sentence)
Fine - $500 - $2,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund (§32-5A-191.1)
Mandatory - 90-day license suspension, DUI school attendance

Second Conviction:

Imprisonment - 48 consecutive hours, up to 1 year, or not less than 20 days community service
Fine - $1,000 - $5,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund (§32-5A-191.1)
Mandatory - Not less than 48 hours consecutive imprisonment, or community service of not less than 20 days
DL Revocation - 1 year

Third Conviction Within 5 Years:

Imprisonment - 60 days in municipal or county jail, up to 1 year
Mandatory - 60-day imprisonment which cannot be probated or suspended
Fine - $2,000 - $10,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund (§32-5A-191.1)
DL Revocation - 3 years

Fourth or Subsequent Conviction Within 5 Years - Class C Felony (§32-5A-191):

Imprisonment - 1-10 years
Fine - $4,000 - $10,000
DL Revocation - 5 years

http://dps.alabama.gov/Home/wfContent.aspx?ID=40&PLH1=plhHighwayPatrol-DUIConvictions
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/32-5A-191.htm

Section 32-5A-304
Period of suspension; relation to Section 32-5A-191.

(a) A driving privilege suspension shall become effective 45 days after the person has received a notice of intended suspension as provided in Section 32-5A-303, or is deemed to have received a notice of suspension by mail as provided in Section 32-5A-302 if no notice of intended suspension was served.

(b) The period of driving privilege suspension under this section shall be as follows:

(1) Ninety days if the driving record of a person shows no prior alcohol or drug-related enforcement contacts during the immediately preceding five years.

(2) One year if the driving record of a person shows one prior alcohol or drug-related enforcement contact during the immediately preceding five years.

(3) Three years if the driving record of a person shows two or three alcohol or drug-related enforcement contacts during the immediately preceding five years.

(4) Five years if the driving record of a person shows four or more alcohol or drug-related enforcement contacts during the immediately preceding five years.

(5) For purposes of this section, "alcohol or drug-related enforcement contacts" shall include any suspension under this article, any suspension or revocation entered in this or any other state for a refusal to submit to chemical testing under an implied consent law, and any conviction in this or any other state for a violation which involves driving a motor vehicle while having an unlawful percent of alcohol in the blood, or while under the influence of alcohol or drugs, or alcohol and drugs except that no more than one alcohol or drug-related contact on any one DUI arrest may be considered by the department in determining the period of suspension.

(c) If a license is suspended under this section for having .08 or more by weight of alcohol in the blood of the person and the person is also convicted on criminal charges arising out of the same occurrence for a violation of Section 32-5A-191, the suspension under this section shall be imposed, but no period of suspension or revocation shall be imposed under Section 32-5A-191. If a license is suspended under this section for having .08 or more by weight of alcohol in the blood of the person and the criminal charge against the person for violation of Section 32-5A-191 is dismissed, nolle prossed, or the person is acquitted of the charge, the director shall rescind the suspension order and remove the administrative suspension from the person's driving record.
(Acts 1996, No. 96-322, p. 388, §5; Act 99-598, p. 1383, §1.)

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/32-5A-304.htm

Section 32-5A-305
Minimum periods of suspension; reinstatement.

(a) The periods of suspension specified by Section 32-5A-304 are intended to be minimum periods of suspension for the described conduct. No driving privilege shall be restored under any circumstances and no license of any classification shall be issued during the suspension period, except as provided pursuant to subsection (c) of Section 32-5A-304.

(b) No driving privilege may be restored until all applicable reinstatement fees have been paid.
(Acts 1996, No. 96-322, p. 388, §6; Act 99-598, p. 1383, §1.)

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/32-5A-305.htm

 

[ComplicatedDui]

Thanks, so looks like I'm waiting 2 more years. Any answer for the final question I had ?