DUI Attorney in Birmingham, AL

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Get Help From a DUI Lawyer Near You

Facing charges for driving under the influence (DUI) in Birmingham 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 in Alabama would be a mistake.

To schedule a free consultation with a DUI attorney near you, contact us today at (205) 981-2450 or through our online form. Our DUI lawyers represent individuals in Birmingham, Hoover, Alabaster, Mountain Brook, and other areas of Jefferson County and Shelby County.

How Can a DUI Attorney in Birmingham Help You?

When you are facing any type of DUI charge in Birmingham, AL, you need to look for experienced DUI defense lawyers near you. By hiring a Birmingham DUI attorney, you have a greater likelihood of having your DUI charges dismissed or obtaining an acquittal at trial. If there is a strong case against you, an experienced drunk driving lawyers can seek to mitigate the consequences of a conviction.

At Alabama Criminal Lawyers, we will carefully review your case and our DUI lawyers will analyze the strength of potential defenses, including:

  • You were subjected to an illegal traffic stop.
  • The officer arrested you without probable cause.
  • The officer improperly administered and graded field sobriety tests.
  • You were subjected to an illegal search and seizure.
  • An officer did not read you your Miranda Rights before questioning you.
  • Certain evidence was illegally obtained and inadmissible.
  • The breath test result was unreliable and inaccurate due to improper maintenance or calibration or operator’s lack of training.
  • The officer lost the video recording of the traffic stop.
  • There is insufficient evidence you were impaired at the time of the stop.

DUI Laws in Alabama

Under AL Code §32-5A-191, it is illegal to drive or be in actual physical control of any vehicle while:

  • There is 0.08% or more weight of alcohol in your blood;
  • You are under the influence of alcohol;
  • You are under the influence of a controlled substance to a degree that renders you incapable of driving safely;
  • You are under the combined influence of alcohol and a controlled substance that renders you incapable of driving safely, or
  • You are under the influence of any substance that impairs your mental or physical capabilities to such a degree that renders you incapable of driving safely.

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 with driving under the influence.

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 charged with a DUI anyway.

Whatever led to your situation, contact a DUI lawyer in Birmingham, AL right away.

Types of Drunk Driving Charges We Cover

First Offense DUI in AL

If this is your first DUI charge ever or your first DUI within the past 10 years, contact our DUI attorneys right away. We will fight against a conviction and DUI penalties.

Second Offense DUI in AL

We can defend you against a second DUI charge within a 10-year period.

Third Offense DUI in AL

Our Birmingham DUI attorneys vigorously defend against third DUI charges within a 10-year period.

Felony DUI in AL

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.

Aggravated/Super DUI in AL

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.

Boating Under the Influence in AL

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.

DUI Penalties in Birmingham, AL

If you are convicted or plead guilty to your DUI charges, you face various consequences, 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:

  • First DUI Offense (Misdemeanor): Up to one year in jail, fines up to $2,100, court costs, 90-day driver’s license suspension or installation of an IID. You may qualify for probation instead of jail time.
  • Second DUI Offense (Misdemeanor): Between five days and one year in jail, hard labor, fines up to $5,100, court costs, one-year driver’s license suspension or two years of an IID. You may be eligible for 30 days of community service instead of a minimum of five days in jail.
  • Third DUI Offense (Misdemeanor): Between 60 days and one year in jail, hard labor, fines up to $10,100, court costs, three-year driver’s license revocation or an IID.
  • Fourth or Subsequent DUI (Class C Felony): Between one year and one day and 10 years in prison or the county jail, hard labor, fines up to $10,100, court costs, five-year driver’s license revocation or an IID.
  • Super DUI: If convicted of any DUI offense with 0.15% BAC or higher, the court must impost double minimum punishment.

Underage DUI Charges in Alabama

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 Birmingham DUI defense attorney as soon as possible to discuss how to defend against an underage DUI in Birmingham, Alabama.

Don’t Wait Until It’s Too Late

The Time To Hire An Attorney Is Now.

Call us at 205-981-2450

What to do When Pulled Over for a DUI Stop in Alabama

If you are pulled over by a police officer in Alabama, you need to be aware of your rights. You cannot ignore the officer entirely. You must provide your name, identification, and proof of insurance.

However, you do not have to answer any questions. You can politely decline to answer questions regarding where you have been, what you have been doing, or where you are going. Whether you feel comfortable answering an officer’s questions or not is up to you.

If an officer suspects you are intoxicated, they may ask you to step out of the vehicle. You must comply. You cannot refuse and remain in your vehicle.

Once outside of your vehicle, you do not have to perform any physical or cognitive tests, known as field sobriety tests. You can and should politely decline.

If an officer believes they have probable cause to arrest you from drunk driving, they will place you under arrest. Before you can be questioned, you must be told your Miranda Rights:

You can and should invoke your rights to remain silent and have an attorney if the officer seeks to question you. This requires you to clearly and specifically say you will remain silent and you want an attorney.

Do not say you think you want an attorney or think you need an attorney. Do not ask the officer whether you should get a DUI lawyer. None of these invoke your right to a lawyer and put an end to police questioning.

Once you have the opportunity to contact someone, call a Birmingham DUI lawyer, or call a relative or friend who will give us a call.

Field Sobriety Tests in Birmingham, AL

There are several DUI tests, and you should understand how these tests differ and how they may or may not be used against you.

Roadside Breath Tests

When you are pulled over by a police officer, they may ask you to blow into a small, handheld device. This is known as a breathalyzer, which is a brand name for a roadside breath test. This is a pre-arrest breath test, and you can refuse a breathalyzer without fear of criminal or civil penalties.

You are not required by law to submit to a pre-arrest roadside breath test, and because these tests are often inaccurate, it may benefit you to refuse. However, if you refuse, it will not save you from being arrested. An officer can use other evidence to arrest you for a DUI. Whether or not you submitted to a breathalyzer during a traffic stop, call a Birmingham DUI lawyer today.

Standardized Field Sobriety Tests

The other pre-arrest tests are the three standardized field sobriety tests—the walk and turn test, the one-leg stand test, and the horizontal gaze nystagmus test. All three of these provide officers with clues that you may be inebriated depending on how well you perform each task.

However, these tests are notoriously unreliable, and officers often fail to give proper instructions or grade the tests accurately. You can and should refuse to participate in any field sobriety test. However, if you did submit to one of these tests and were arrested, call a DUI attorney in Birmingham, AL immediately.

Breath Tests

Following a DUI arrest, you may be asked to take a breath test at a police station or medical facility. You are required to submit to an official, post-arrest breath test under Alabama’s implied consent law (AL Code §32-5-192).

Anyone who drives a vehicle in Alabama has given their consent to submit to chemical tests of their blood, breath, or urine to determine their blood alcohol content if they are lawfully arrested for a DUI. If you refuse a breath test, you face a civil driver’s license suspension for 90 days. This can also be used against you during your criminal case.

Blood Tests

After a DUI arrest, an officer can ask you to submit a blood sample. If you refuse, you can face a civil driver’s license suspension. However, you cannot face criminal penalties for refusing to submit to a warrantless blood test. Whether you submitted to or refused a chemical test after a DUI arrest, you will want a DUI defense attorney by your side right away.

Contact Our Birmingham DUI Lawyers Today

When you are facing DUI charges in Alabama, you want to work with an attorney who is at the top of their field. A highly knowledgeable, experienced, and successful DUI attorney from Alabama Criminal Lawyers can help you pursue the best possible outcome in your case.

Contact Alabama Criminal Lawyers today at (205) 981-2450 for a free consultation.