Q: What is the legal blood alcohol limit in Alabama?
A: The “legal” blood alcohol limit in Alabama (and most other states) is .08%. Therefore, if your blood alcohol content is .08% or greater while operating a motor vehicle you can be charged with “Driving Under the Influence” (“DUI”) (Alabama Code Section 32-5A-191).
Q: Will I lose my license if I am convicted of “DUI”?
A: If you are convicted, you will lose your license. On a first conviction it is a 90 day suspension. On a second conviction it is a 1 year revocation. On a third conviction it is a three year revocation!
Q: What are the penalties for DUI conviction?
A: As I have already indicated, a DUI conviction brings with it a license suspension as well as many other forms of punishment.
If you are charged with a First Offense DUI in Alabama, you are facing the following maximum penalties:
For a Second Offense DUI in Alabama, you are facing the following maximum penalties:
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Mandatory Minimum 5 days in jail, up to ONE YEAR IN JAIL
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1 year license revocation
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Fine from $1,100.00 and up to a maximum fine of $5,100.00
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Court Costs
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Mandatory completion of DUI school
For a Third Offense DUI in Alabama, you are facing the following penalties:
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Mandatory Minimum 60 days in jail up to ONE YEAR IN JAIL
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3 year license revocation
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Minimum$2,100.00 fine up to a maximum fine of $10,100
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Court Costs
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Mandatory completion of DUI school.
The Fourth Conviction and all Subsequent Convictions for DUI are Class C Felonies, punishable by a term of imprisonment of at least ONE YEAR AND ONE DAY AND UP TO TEN YEARS! The minimum fine is $4,100 up to a maximum of $10,100. A fourth time offender shall have his license revoked for five full years!
Q: If I lose my license, can I get a license to go to work?
A: Unfortunately, Alabama does not have what are sometimes known as “work licenses”. If you lose your license you cannot drive for any reason. That’s why it’s important to fight the DUI charge aggressively.
Q: Do I have to take the Breath Test?
A: Yes. In Alabama we have what is known as the “Implied Consent Law”. That means that if you operate a motor vehicle in the State of Alabama you automatically consent to giving a breath test if specifically requested to do so by a Police Officer.
Q: What happens if I refuse to take a breath test?
A: Under Alabama’s implied consent law, if you refuse to take the breath test after being asked to do so by a Police Officer, your license will suspended for 90 days, in addition to any time that it is suspended for the DUI conviction.
Q: How can I “beat” a DUI charge?
A: Actually, there are many ways to “attack” a DUI or Refusal charge. The first is to challenge the “stop” of your motor vehicle. To do this your attorney must thoroughly examine the details of the circumstances surrounding the “stop” of your car to determine whether the police officer followed all “constitutional guidelines” as set forth in the United States (federal) and Alabama (state) Constitutions and all “case law” or prior cases similar to your particular case.
Next, your attorney should examine what “observations” the police officer made of you at the scene of the traffic stop. Did he smell the odor of alcohol? Did he note that your eyes were bloodshot and watery? Did you perform the Standardized Field Sobriety Test okay?
Then, if you submitted to a breath test, your attorney must thoroughly examine the police paperwork or “Discovery” to see if the Breathalyzer was working properly, if the police officer operating the machine was certified to do so, and if he/she operated the machine appropriately when you blew into it.
These are only some of the many ways to challenge a DUI charge.
Q: Should I retain an attorney for my DUI charge?
A: Yes. Due to the severe penalties you are facing and the numerous and complicated laws relating to motor vehicles and DUI charges you should always retain an attorney. If you don’t, it will be very difficult and almost impossible to beat a DUI charge. The attorney should be experienced DUI law. Again, this is because laws relating to a DUI charge are many and are complicated. An experienced and knowledgeable attorney can present both legal and factual arguments to the court to help you win your case!
