What is DUI?
Like any other state in the USA, Alabama also has clear DUI laws in place.Driving under the influence of alcohol is DUI and driving under the influence of drugs and other intoxicating substances is also DUI. Whether you are driving under the influence of alcohol, a control substance or a combination of the two, they come under the Alabama DUI laws.
Some states refer to it as DUII, OUI or OWI too. They all fall under the offense of attempting to drive a vehicle with impaired senses.
When do you face DUI charges?
Alabama DUI laws has several components-
- Actually driving a car while under the influence of drugs, alcohol, or both. Being in a car and having the ability to drive the car such as possessing the key, pressing any of the buttons or activating gears, even if you are not driving you can be arrested for DUI in Alabama.
- Have a tested blood alcohol concentration (BAC) of 0.08 percent or more for most drivers. The legal limit in Alabama is 0.08 percent for most drivers. However, the allowable BAC is lower for commercial drivers (0.04) and those under age 21 (0.02). Factors such as gender, age and weight also influence how quickly you reach the legal BAC limit.
- A field sobriety test (FST) may be conducted at the roadside to determine if you are impaired by alcohol. FST includes actions such as walking along a straight line, balancing on one foot, or following a pen with your eyes. Field sobriety tests are often very subjective and unreliable. Tidwell Law Group Attorneys will fight for you and assist you in determining whether a field sobriety test can be challenged and avoid a conviction for DUI.
Can you refuse a Breathalyzer in Alabama?
Yes, you can refuse a breathalyzer in Alabama; however, it is a misconception that refusing to take a breathalyzer can protect you from getting arrested for a DUI. Alabama law allows the police to admit evidence of Breathalyzer refusal during the trial. The court can interpret the implications of your refusal. It is commonly seen as evidence of guilt and may also cost you your license.
Implied Consent in Alabama
Alabama has “implied consent” law which states that all licensed drivers “shall be deemed to have given consent” to take a BAC test if stopped and suspected of DUI. These tests could be a breath, blood, or urine test. Drivers who refuse to cooperate will face a minimum 90-day license suspension and possibly other penalties. This is an administrative penalty by Alabama Law Enforcement Agency (ALEA). You have the right to request a hearing within 10 days of your arrest with ALEA, and failure to do so will result in a minimum 90-day license suspension regardless of whether you are found guilty or not guilty of DUI in the criminal case. Therefore, if you have been arrested, it is best to seek legal counsel immediately. Trust Jay Tidwell, best DUI attorney in Birmingham and Tidwell Law Group to build a great defense that lies within the framework of DUI laws.
Challenging Blood Alcohol Content (BAC) Evidence
In Alabama DUI cases, the legal BAC limit is 0.08% for most drivers. Tidwell Law Group Attorneys can challenge the reliability of these tests by questioning the calibration of breathalyzer machines, the qualifications of the officers administering the tests, or other factors that might have influenced the results.
In some cases, law enforcement officers might not have followed proper procedures while filing DUI charges. Tidwell Law Group can review it in great detail ensuring that the officer had reasonable suspicion to stop the driver and all legal protocols were followed during the arrest. Any violations can be grounds for dismissal of charges.
DUI Alabama first offense
Even if you are charged with DUI for the first time, it is highly recommended that you seek legal counsel from the best DUI attorney in Birmingham. In Alabama, even a first offense DUI can lead to severe consequences, like jail time, probation, community service, court costs, fines, drug and alcohol classes, random drug and alcohol testing, and the loss of your driver’s license. Tidwell Law Group Attorneys will work towards having the charges dismissed or fight for you at trial. We have a long track record of success in DUI cases and in getting the best possible outcomes. Reach out to Tidwell Law Group online, or you can call 205- 536-7770 for a free consult.
Those convicted of 2nd offense DUI Alabama may be sentenced to jail from 5 days minimum up to 365 days. Additionally, they may be required to pay a fine of between $1,100 and $5,100, in addition to the other programs discussed above. Tidwell Law Group attorneys can help offenders with first, second, third and forth offense DUI navigate the legal system and explore options for minimizing the impact of these previous offenses on their current case and in getting the best results.
Alabama’s DUI laws are strict, and facing DUI charges can be challenging. However, with the assistance of a knowledgeable DUI attorney, individuals can navigate these challenges and work towards the best possible outcome for their case. If you ever find yourself in such a situation, reach out to Tidwell Law Group and give yourself the best chance of a favorable outcome.