In Alabama, it is a serious criminal offense to drive while intoxicated and while alcohol may be the most common cause for arrests related to driving under the influence (DUI), it is not the only substance prohibited by DUI Law. It is illegal to operate a motor vehicle while under the influence of any substance which impairs a driver’s physical or mental abilities. The laws which govern offenses for DUI can be found in Section 32-5A-191 of Alabama’s legal code and regulate both legal and illegal drugs.
In Alabama, individuals cannot operate or be in physical control of a vehicle while:
- Under the influence of alcohol; drivers cannot have a blood alcohol content of .08% or higher
- Mentally or physically impaired by a controlled substance
- Under the influence of any legal substance, such as prescription medication, which impairs the ability to drive
- Impaired by the combination of any legal substance, controlled substance, or alcohol to a degree which hinders the ability to drive
While all drivers guilty of impaired driving will be charged under the same legal code, drivers who are pulled over under suspicion of drugged driving may face further penalties. In addition to traffic-related infractions, individuals caught with an illegal drug can be facing charges such as possession or distribution of a controlled substance. It often makes sense for those facing charges to seek the legal advocacy of attorneys experienced in both DUI offenses as well as drug crimes.
Uncompromising DUI Defense
With the proper defense, offenses related to driving under the influence of drugs can be difficult to prosecute. Unlike with alcohol, where a driver’s BAC cannot exceed .08%, controlled substances and prescription medications have no standard for determining impairment. A conviction can rely heavily on circumstantial information, and police evidence may not always hold up in court. Did the arresting officer have probable cause? Was a sobriety test administered incorrectly? Numerous factors can weaken the case against you, but to maximize the strength of your defense, it is imperative to contact an attorney as soon as possible.
At the Tidwell Law Group, LLC, we understand how to work towards an acquittal or the reduction of charges by calling into question the accuracy and validity of the evidence against you. Our Birmingham DUI attorney can bring more than a decade of experience in all areas of criminal defense to your corner and our firm has a proven track record of success against even the most severe charges.
Schedule a FREE consultation with our firm and speak with an attorney about your defense.
