Alabama DUI Help

"Stars Fell on Alabama" began to appear in 2002 on state license plates after a fantastic meteor shower fell over the state in 1833.

Be advised that you’ll be ‘seeing stars after getting hit with a Alabama DUI whether driving while drunk, simply sitting in an auto staring at the stars, or trying to ‘sleep it off’ -- if you have been drinking – but not driving. According to Alabama DUI laws, it’s illegal to even be ‘actual physical control’ of a vehicle while intoxicated.

Alabama DUI arrests are based on violation of the state’s per se laws defining DUI as a crime to have a blood alcohol content (BAC) of .08% for adults and .02% (for minors) while driving or “actual physical control” of a vehicle. The legal limit is .04% BAC for commercial truck drivers and different legal limits also apply to airline pilots, bus drivers, and to persons operating recreational watercraft.

You can also be arrested for Alabama DUI if stopped by a cop, and though subjective field sobriety tests, it’s decided that you appear, act or drive in a manner deemed unsafe or impaired, even if no illegal BAC has been verified. This is one type of arrest which especially calls for an Alabama DUI specialist.

You’ll face a gauntlet of two separate cases when charged with an Alabama DUI. One is a criminal court proceeding, one is a civil hearing administered by the AlabamaDepartment of Public Safety.

Remember, you are allowed only 10 days for your DUI attorney to make a request with the Alabama Department of Public Safety for a hearing to save your driver’s license. Miss the deadline for the hearing and your drivers license is subject to administrative suspension.

If you haven’t been drinking or you believe that you might have ingested or inhaled alcohol paints or solvents or from a ‘benign source’ (mouthwash) or drugs (such as antihistamines or other over the counter drugs) be aware that you can still arrested for driving in an impaired or unsafe manner, even if you are not ‘legally drunk’ under Alabama DUI law. Ironically, it’s not necessarily being drunk, but being impaired or unsafe while being behind the wheel that gets you convicted of a Alabama DUI.  

In any case, when you are stopped and arrested for suspicion of a DUI, and you are asked if you want to see a DUI lawyer, your best answer is, “the sooner the better”.

-- Info You Should Know --

Was I Stopped Legally?

Basically you were stopped because of an equipment failure or an officer had probably cause/reasonable suspicion to think you were driving in an impaired manner.  Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.

 

Not all reasons offered by officers are always legal. Check with a Alabama DWI attorney who will examine all the different aspects of your case, explore any legal defenses or mitigating circumstances, will defend you aggressively and try to negotiate any penalties.

 

Did I Have To Take a Field Sobriety Test (FST)?

Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.

What Happens When I Refuse A Breath Test?

Alabama has an ‘implied consent laws’ which means that you must comply with a lawful request for a breath, blood or urine test or face suspension of your driver’s license. If you refuse the test or are found to have a BAC over the state limit, you’ll be taken into custody and held in jail until sober. In addition, your vehicle may be towed and impounded – a costly sanction. Also:

• Your driver’s license will be subject to suspension for 90 days, which will be in addition to other Alabama DUI charges.
• After your license is seized (by the arresting officer) you will be issued a temporary driving permit for 45 days from the date of your arrest.
• Within 10 days of your arrest you must make a written demand to the Department of Public Safety to review the facts. During these 45 days you have several ways to challenge the administrative suspension of your license.

 

Still more good reasons to contact an Alabama DUI specialist.

I’m Simply Going To Plead Guilty, Why Do I Need a DUI Lawyer?

Experienced and skilled legal DUI counsel may be able to help mitigate your situation by minimizing your legal problems and maximizing your defenses. An Alabama DUI conviction can reflect on credit ratings, job opportunities, ability to travel, own an auto, get an education, professional licenses, insurance premiums and in other ways you might not be aware. An Alabama DUI defense attorney will level the playing field between you and the prosecution in an effort to provide protection against the prosecution while safeguarding your constitutional rights.

Should I Retain An Alabama DUI Attorney for My DUI Charge?

Alabama DUI convictions and penalties can be long lasting and severe, both in court and with the Department of Public Safety which regulates your driving privileges. These penalties and the numerous and complicated laws relating to DUI charges should be taken very seriously. It is next to impossible to beat, or even mitigate an Alabama DUI charge without an experienced DUI lawyer.

 

What’s An Attorney Going To Cost?

One of the biggest concerns for people charged with a DUI is what a lawyer will cost. As cases vary, so does cost. Most people don’t realize that money spent now on skillful DUI help from an Alabama attorney might save them thousands of dollars in the years to come. Think about putting a price tag on your rights, your name and your freedom.
 

What Happens In Court?

You’ll have to make several appearances. The first court appearance will be a bench trial in the municipal court or the district (county) court. If you are convicted, you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of prior DUI convictions in the last 5 year ‘look back’ period (the length of time that previous offenses and be used against you for penalties). These convictions include any previous Alabama administrative or criminal court DUI suspensions, for refusal to submit to a BAC test, or any DUI convictions in other states. There are also penalty enhancements due to aggravated circumstances.

In addition, the trial judge will require you to participate in alcohol or drug treatment programs as part of a parole (probation) program - soon it is likely you'll also have to install an ignition interlock IID on your vehicle. You may also receive as a condition while on parole that you not drink or congregate where any alcoholic beverages are served (save for ball parks, concerts, restaurants). There are also other conditions of probation the judge can order.

Can I Plea Bargain?

It is next to impossible to beat or plea bargain an Alabama DUI charge without an experienced DUI lawyer. Often effective DUI counsel will be able to negotiate a plea to a lesser charge. While the plea bargaining is extremely advantageous to anyone accused of DUI in Alabama, one must remember that if the original charge was a DUI, a conviction for any lesser crimes will still count as a prior for calculating the mandatory minimums for an additional offense within a 5 year time frame.

Because this State doens't allow a no contest or nolo contentre plea, only guilty or not guilty pleas are accepted.

Remember that Alabama DUI convictions and penalties can be long lasting and severe, both in court and with the Department of Public Safety. The laws relating to motor vehicles and DUI convictions can be complicated and long lasting so the charges should be taken very seriously. 

What if I am an out of state driver?

Be advised that 45 states and the District of Columbia have an out of state Driver’s License Compact Agreement, meaning that an Alabama DWI conviction will be reported to your home state which will generally take action to suspend your license. Offenses for out of state drivers can also create other complications. Consequently, it’s imperative that you contact a local Alabama DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.

 

Isn’t Being Punished by the Department of Public Safety and the Courts Considered Double Jeopardy?

Like most states Alabama DUI law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. Alabama’s Department of Public Safety administers driver’s licenses, imposes civil penalties, and also serves as the judge, jury and also metes out punishment. Their judgments and punishments are separate from the court system, although penalties may run concurrently (at the same time).

 

 -- Alabama DUI Criminal Penalties --

What if Am I Convicted? 

A first Alabama DUI Offense

No prior convictions in the past 5 years

No refusal of breath test

1st conviction is a misdemeanor.

 

1st DUI with Test Refusal

·         All of the above.

·         90 Day additional drivers license suspension for refusal and refusal can be used as presumption of guilt.

 

A 2nd DUI Offense

·         2nd conviction is also a misdemeanor.

·         5 days mandatory and up to 1 year in jail (a court may allow a defendant to perform 30 days of community service in lieu of the required 5 days imprisonment).

·         Attend court ordered and approved substance abuse program.

·         Fines between $1,100 to $5,100, plus court costs.

·         1 year revocation of driver’s license.

·         Mandatory completion of DUI school and alcohol assessment program.

·         Failing to comply with the terms of the program will cancel license reinstatement and may be returned to the court for further action

• Repeat offenders are required to attend an intensive out-patient treatment program with monitoring by the court referral officer.

A 3rd DUI Offense

·         3rd offense is a also a misdemeanor.

·         60 days minimum and up to 1 year jail time.

·         $2,100 to $10,100 in fines, plus court costs.

·         3 years revocation of driver's license.

·         Attend court ordered and approved substance abuse program.

·         Mandatory completion of DUI school and alcohol assessment program.

·         Failing to comply with the terms of the program will cancel license reinstatement and may be returned to the court for further action

• Repeat offenders are required to attend an intensive out-patient treatment program with monitoring by the court referral officer.   

A 4th DUI Offense

·         A Class C felony.

·         Up to 10 years imprisonment.

·         $4,100 to $10,100 in fines, plus court costs.

·         5 year revocation of driver's license.

·         Required attendance of a court approved substance abuse program.

·         Mandatory completion of a DUI school and alcohol assessment program.

·         Failing to comply with the terms of the program will cancel license reinstatement and may be returned to the court for further action

• Repeat offenders are required to attend an intensive out-patient treatment program with monitoring by the court referral officer.

Enhanced Penalty for DUI with Person Under 14 in the Vehicle

·         Double the minimum criminal punishment.

1st Juvenile DUI Offense .02% BAC (under 21 years at time of offense)

• 90 day license suspension for refusal of test.

• 30 days license suspension.
• $250 fine.
• Completion of DUI driver education and /or substance abuse court referral program.

1^st Juvenile DUI Offense with .08% BAC and Over or Refusal of Test (.02 - .08%)

• 1 year license suspension.
• $250 fine and up.
• A judge may utilize other juvenile dispositional alternatives.

 Day Care and School Bus Drivers - .02% BAC or More 1st DUI offense

• 1 year license suspension.
• $600 to $2100 fine.
• Not more than 1 year jail time.
• Completion of DUI/Substance Abuse Court Referral Program.

Commercial Vehicle Drivers 1^st DUI offense

• 1 Year Suspension: for a BAC of .04 or more.
• 2 Year Suspension: for failure to submit to test.

Can I Get a ‘Restricted License’?

No. Alabama does not have what in some states are known as “work” or an “occupational restricted license”. All the more to reason to be defended by an aggressive Alabama DUI attorney.

Newer Harsher Alabama DUI Laws On the Horizon?

Here are the main points of the proposed new Alabama DUI penalties which will be introduced in 2008:

• A 1st conviction for aggravated DUI where the BAC is 0.15 percent or higher will result in a 1 year driver's license suspension and a $1,200 fine.
• Minimum mandatory jail time 10 days to no less than 120 days.
• Fines will be increased from $2,200 for a 2nd conviction to $8,200 for a 4th conviction.
• Subsequent aggravated Alabama DUI convictions would result in 60 days to 240 days incarceration.
• Each conviction would also lead to longer driver's license suspensions.

Administrative Penalties

1st DUI Conviction

• License suspended for 90 days.
• Refusing test. Driver’s license automatically suspended for 90 days.
• All penalties may include mandatory Alcohol Education and Assessment and treatment.

2nd DUI Conviction

·         Driving privileges revoked for 1 year.

3rd DUI Conviction

·         Driving privileges revoked for 3 years.

4th or Subsequent DUI Conviction

·         Driving privileges revoked 5 years.

 

-- Disclaimer --

Only highly trained, educated, and licensed professionals are capable of providing you with legal advice and guidance through the maze of Alabama DUI laws and defenses. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and helpful information and should not be substituted for seeking advice from an accredited Alabama DUI attorney. These issues are complicated and litigation takes experience. Please let us refer you to a seasoned Alabama DUI professional.

 

-- Citations --

Driving while under influence of alcohol, controlled substances (AL Code 32-5A-191).

 

Alabama Code Title 32A. Department of Public Safety, Motor Vehicle Code. Section 53A, subsection 300 to 309. (32A-5A-300 to 309).

 

Search Alabama Code or go to:

www.legislature.state.al.us/search/searchtest.htm

 

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