Facing charges for driving under the influence (DUI) in Alabama can feel hopeless. The police and prosecutors often act like they have a slam dunk case against you. They act as if a guilty verdict is inevitable. This is far from the truth, and pleading guilty or failing to vigorously defend yourself with help from a criminal defense lawyer would be a mistake.
To schedule a free DUI consultation, contact us today at (205) 981-2450 or through our online form. We represent individuals in Birmingham, Hoover, Alabaster, Mountain Brook, and other areas of Jefferson and Shelby counties.
Under AL Code §32-5A-191, it is illegal to drive or be in actual physical control of any vehicle while:
Alabama DUI law considers several types of impairment a DUI.
You can be pulled over, arrested, and charged without a drop of alcohol in your body. If test results show you have a controlled substance, prescription medication, or over-the-counter medication in your system, and it was enough to cause you to be impaired, then you can be charged.
You also do not have to be driving to face a DUI in Alabama. If you are in physical control of the vehicle, even if you are not driving down a road, you can be arrested. This could mean sitting in your front seat with the keys in the ignition and taking a nap. You might be trying to sober up – yet get into trouble anyway.
Whatever led to your situation, contact a DUI defense attorney right away.
If this is your first DUI charge ever or your first DUI within the past 10 years, contact Alabama Criminal Lawyers right away. We will fight against a conviction and DUI penalties.
We can defend you against a second DUI charge within a 10-year period.
Our Birmingham DUI attorneys vigorously defend against third DUI charges within a 10-year period.
You can be charged with a felony if you face a fourth DUI within 10 years or when any drunk driving incident caused another person serious injury.
If a blood or breath test showed you had a BAC of 0.15% or higher, then you face an aggravated or “Super” DUI in Alabama.
You also can be charged with a DUI if you are found to have a 0.08% or higher BAC or to be impaired by other drugs and alcohol while operating a boat.
If you are convicted or plead guilty, you face various consequences for a DUI, including jail time, fines, classes, driver’s license suspension, an ignition interlock device (IID), and more.
Depending on the level of the offense, your DUI sentence may include:
When you are under 21 years old at the time of the traffic stop, you can be charged with a DUI for having a 0.02% or higher BAC or for being impaired by a controlled substance or other drugs.
If your BAC is not above 0.08%, then you face mitigated penalties for a DUI. Your driver’s license may be suspended for 30 days. However, if your BAC is more than 0.08% when you are under 21 years old, you will face the full possible consequence of a DUI conviction.
You should contact a DUI attorney as soon as possible to discuss how to defend against an underage DUI in Birmingham, AL.
Yes, if you have been charged with driving under the influence of drugs or alcohol in Alabama, you should hire a DUI defense attorney to reduce the risk of a conviction or harsh penalties upon conviction. A lawyer can help you keep your driver’s license or get your license back as soon as possible.
There are two types of breath tests. A roadside pre-arrest breath test is a Preliminary Alcohol Screening Test, but is typically known as a breathalyzer. Then, there is a post-arrest formal breath test performed at a police station or medical facility. This post-arrest breath test can be used as evidence in court. Roadside breath tests are entirely voluntary, and you can refuse to blow into the breathalyzer. You cannot face civil or criminal penalties for refusing a breathalyzer. However, you can face penalties for refusing a post-arrest breath test at the police station.
A DUI conviction is permanent and cannot be expunged. If you are convicted of a DUI, it will stay on your record the rest of your life. However, since 2018, Alabama prosecutors look back 10 years to determine if you should face a first, second, or subsequent DUI charge. After 10 years, any new DUI is a first-time DUI.
You can lose your license if you are charged or convicted of a DUI. If you refuse to submit to a post-arrest chemical test or a chemical test shows your BAC is over the legal limit, you will be subject to an administrative license suspension. This is a civil penalty and separate from the DUI charge. It takes effect 45 days from the date of your arrest and the minimum duration is 90 days. If you are convicted of a DUI, you also will lose your license for a period of time as a criminal penalty.