| Alabama DUI Law | | | | dependents to care for and transport where they |
| Being arrested for drunk driving in Alabama has | | | | need to go. Refusing these tests can also make your |
| consequences just like in the rest of the United States. | | | | court case more difficult, as the prosecutor will argue |
| Not only can you face criminal charges for driving | | | | that your refusal to take the test was because you |
| under the influence, you will also have to deal with the | | | | knew you were guilty of DUI. Contacting an Alabama |
| hassle of dealing with the Department of Motor | | | | DUI lawyer can help you at this point because a skilled |
| Vehicles and possibly having your license suspended | | | | attorney can refute these claims. |
| or revoked. That is why it is so important for you to | | | | Alabama DUI Penalties |
| contact an Alabama DUI lawyer as soon as you've | | | | DUI penalties have been heightened as drunk driving |
| been arrested for drunk driving. Getting legal | | | | has become more of a problem. In Alabama, the |
| representation as quickly as possible will help you to | | | | possible penalties depend on the number of previous |
| document all of the facts of your case while they are | | | | DUI convictions a person has had. This number also |
| fresh in your mind and, while it will not guarantee a | | | | determines whether the offense is classified as a |
| positive outcome, it gives you the best chance of | | | | misdemeanor or a penalty. If a person has no previous |
| winning your case. | | | | DUI offenses, the first offense can result in penalties |
| DUI Prosecution | | | | including fines from $600 to $2,100, 1 year in a county |
| There are two ways in which someone can be | | | | jail, 90-day license suspension, and mandatory |
| prosecuted for DUI in Alabama. One of them refers to | | | | substance abuse program attendance. In Alabama, the |
| how impaired someone's driving ability is because of | | | | period of determining whether an offense is a first |
| their use of alcohol or drugs. This is called driving under | | | | offense is five years. If someone was convicted of a |
| the influence of drugs and alcohol and means that the | | | | DUI in 2000 and later prosecuted for another DUI |
| driver is too impaired to safely operate a motor | | | | charge in 2006, the 2006 charge is considered a first |
| vehicle. The other occurs when someone is driving | | | | offense because it occurred more than five years |
| with a blood alcohol content level above the legal limit | | | | after the offender's actual first offense. If a person |
| of 0.08%. Even if a person does not seem to be | | | | was convicted of a DUI on May 15, 2001 and is |
| impaired at this level, it is still against the law to operate | | | | arrested again for a DUI on May 13, 2006, that person |
| a motor vehicle if the level has been exceeded. In this | | | | will face the penalties associated with a second DUI |
| case, a person can only be prosecuted based on | | | | offense even though they fell just one day short of |
| blood alcohol testing, not on the way he or she was | | | | the five-year period. A first DUI offense is classified as |
| operating their vehicle. | | | | a misdemeanor in Alabama. |
| Alabama is one of the states where driving the car is | | | | Second DUI offenses within that five-year period are |
| not the only way you can be charged with DUI. In | | | | also considered misdemeanors. The penalties for a |
| Alabama, having control of the vehicle and being able | | | | second offense increase and can include up to $5,100 |
| to operate it in any way makes just being in a car | | | | in fines, license suspension for one year, court ordered |
| while you're under the influence grounds for | | | | treatment programs, and a minimum jail time of 5 days |
| prosecution. This means that if you consume alcohol | | | | up to 365 days. The court can also allow an offender |
| and then get in your car and fall asleep or wait for a | | | | to perform 30 days of community service as an |
| sober friend to come and drive you home, you have a | | | | alternative to the five days of jail time. Third DUI |
| chance of being charged with a DUI. This is exactly | | | | offenses have increased penalties that include up to |
| why you need to contact an Alabama DUI lawyer | | | | $10,100 in fines, a minimum of 60 days of jail time, |
| immediately after you've been charged with a DUI. | | | | license suspension for three years, and mandatory |
| Having a qualified Alabama DUI attorney on your side | | | | substance abuse programs. |
| can help you to document what has occurred and | | | | Offenders who commit a fourth offense are facing |
| proceed with your case. An Alabama DUI lawyer also | | | | charges of a class C felony. If the offender is |
| has access to expert witnesses that you may not | | | | convicted of a fourth offense, the penalties are much |
| have access to as a layman. Having these experts on | | | | stiffer than for misdemeanor DUI. The minimum |
| your side can make the difference between a | | | | amount of jail time is one year and one day and can |
| successful case and an unsuccessful one. | | | | go all the way up to 10 years. The license suspension |
| Refusal of Chemical Testing | | | | period is 5 years in length and fines can be up to |
| Refusal to submit to chemical testing can also affect | | | | $10,100. Court ordered treatment programs are also a |
| the way your case is handled by the prosecutor. | | | | part of the penalties for this level of offense. The court |
| Under Alabama DUI law, refusal to submit to this type | | | | may also order that an ignition interlock device be |
| of testing leads to a 60-day suspension of your | | | | placed in the offender's vehicle. This device requires |
| license, regardless of whether you were actually guilty | | | | offenders to breathe into a Breathalyzer-like device |
| of driving under the influence or not. During this | | | | before attempting to operate a vehicle. If any amount |
| suspension period, you have no opportunity to apply | | | | of alcohol is measured, the offender will not be able to |
| for a restricted license that can help you get to work, | | | | start the vehicle. If you've been arrested for a DUI in |
| medical appointments, or other important places. | | | | Alabama, contact an Alabama DUI attorney to give |
| Refusing to submit to chemical testing can really make | | | | yourself your best chance of limiting the penalties in |
| life difficult, especially if you have children or other | | | | your case or winning your case outright. |