| Just like every state in the United States, when you | | | | simply by knowing what they are doing. |
| get arrested for a DUI in the state of Alabama, there | | | | If You Refuse to Submit to the Chemical Test |
| will be consequences. You are going to be facing | | | | If you refuse to submit to a chemical test, it can affect |
| criminal charges because of driving while intoxicated | | | | the way you are prosecuted in court. In the state of |
| and you will also have to deal with the DMV | | | | Alabama with the DUI law, if you decide to refuse to |
| (Department of Motor Vehicles) and could be looking | | | | submit to a chemical test, no matter if it's a breath, |
| at a revocation or suspension of your license. So, if | | | | blood or urine test, your license will be suspended for |
| you make the mistake of driving under the influence | | | | 90 days whether you are guilty or not. While your |
| and are arrested, you need to contact an Alabama | | | | license is suspended, you are not allowed to apply for |
| DUI lawyer as soon as you can. Even though there is | | | | a restricted license so you will be unable to drive |
| no guarantee to a positive outcome, remember this; | | | | anywhere for this period of time because you refused |
| the quicker you get a DUI lawyer to help you with your | | | | to submit the test. If you have a family or anyone who |
| situation the better, because the details will still be fresh | | | | depends on you, refusing to submit to a chemical test |
| in your mind giving you the best possible chance of | | | | can make your life extremely difficult for them. This |
| winning your case. | | | | refusal can also affect your court case in a negative |
| Prosecution of an Alabama DUI Case | | | | way because the prosecution will say that you are |
| In the state of Alabama, there are two different ways | | | | guilty of DUI because you refused to submit to the |
| someone can be prosecuted for DUI. One of these | | | | chemical test. If you have a good Alabama DUI lawyer, |
| ways applies to a person's impaired ability to drive | | | | they can argue your case for you since they've been |
| because they have used drugs or alcohol. This states | | | | in this situation before. |
| that a person is driving under the influence of drugs or | | | | Penalties Applied to First Offense DUI in Alabama |
| alcohol and cannot operate a vehicle safely because | | | | The penalties applied to a DUI conviction in the state of |
| of intoxication. Another way someone can be arrested | | | | Alabama depends on the number of times you've |
| for DUI is if their blood alcohol content level is higher | | | | been charged with the same offense. This will also |
| than 0.08%, which is the legal limit. It doesn't matter if | | | | decide if your offense will be a misdemeanor offense |
| this person feels intoxicated or not, it's still illegal to drive | | | | or a felony offense. If this is the first time you have |
| while the blood alcohol content is above the limit of | | | | been convicted of a DUI in the last 5 years, it is |
| 0.08% in every state. The only way someone can be | | | | considered a first offense DUI. If this is your first |
| prosecuted for their blood alcohol level being above | | | | offense DUI, you can be fined up to $2,100 and can |
| the legal limit is to be tested for it. | | | | face up to 1 year in jail, as well as receiving a 90 day |
| It is possible to be charged with DUI in the state of | | | | suspended license and requirement to attend a |
| Alabama even if you aren't driving the vehicle. If you | | | | substance abuse program. The 5 year period in |
| are able to start the vehicle up or if it looks like you will | | | | Alabama is considered the "look back period". As an |
| be able to drive at any given point, you can be | | | | example, a person received a DUI in 2000 and then |
| charged with a DUI in Alabama. So if you fall asleep | | | | was arrested in 2007 for DUI again; it is considered a |
| behind the wheel while you've been drinking, even if | | | | first offense DUI because it happened over five years |
| you have no intention of starting the car at all, it is | | | | after the first offense occurred. On the other hand, if |
| possible to still be charged with DUI. It's for reasons | | | | the person was convicted in the year 2000 of a DUI |
| such as this that you must call an Alabama DUI lawyer | | | | and receives another conviction of DUI in 2004, it will |
| as soon as you are charged with DUI. If you have | | | | be considered a second offense DUI because it |
| someone who is a professional at your side, it can help | | | | occurred within the five year look back period. If no |
| you get the facts straight and help you with your case. | | | | one is seriously injured or killed as a result of the DUI |
| It is also possible for your Alabama DUI lawyer to be | | | | and it is a first time offense, it will be classified as a |
| able to call expert witnesses that you can't. These | | | | misdemeanor crime in the state of Alabama. |
| expert witnesses can change the outcome of a case | | | | |