Alabama DUI Lawyer

Just like every state in the United States, when you get arrested for a DUI in the state of Alabama, there will be consequences. You are going to be facing criminal charges because of driving while intoxicated and you will also have to deal with the DMV (Department of Motor Vehicles) and could be looking at a revocation or suspension of your license. So, if you make the mistake of driving under the influence and are arrested, you need to contact an Alabama DUI lawyer as soon as you can. Even though there is no guarantee to a positive outcome, remember this; the quicker you get a DUI lawyer to help you with your situation the better, because the details will still be fresh in your mind giving you the best possible chance of winning your case.
 
Prosecution of an Alabama DUI Case

In the state of Alabama, there are two different ways someone can be prosecuted for DUI. One of these ways applies to a person’s impaired ability to drive because they have used drugs or alcohol. This states that a person is driving under the influence of drugs or alcohol and cannot operate a vehicle safely because of intoxication. Another way someone can be arrested for DUI is if their blood alcohol content level is higher than 0.08%, which is the legal limit. It doesn’t matter if this person feels intoxicated or not, it’s still illegal to drive while the blood alcohol content is above the limit of 0.08% in every state. The only way someone can be prosecuted for their blood alcohol level being above the legal limit is to be tested for it.

It is possible to be charged with DUI in the state of Alabama even if you aren’t driving the vehicle. If you are able to start the vehicle up or if it looks like you will be able to drive at any given point, you can be charged with a DUI in Alabama. So if you fall asleep behind the wheel while you’ve been drinking, even if you have no intention of starting the car at all, it is possible to still be charged with DUI. It’s for reasons such as this that you must call an Alabama DUI lawyer as soon as you are charged with DUI. If you have someone who is a professional at your side, it can help you get the facts straight and help you with your case. It is also possible for your Alabama DUI lawyer to be able to call expert witnesses that you can’t. These expert witnesses can change the outcome of a case simply by knowing what they are doing.

If You Refuse to Submit to the Chemical Test

If you refuse to submit to a chemical test, it can affect the way you are prosecuted in court. In the state of Alabama with the DUI law, if you decide to refuse to submit to a chemical test, no matter if it’s a breath, blood or urine test, your license will be suspended for 90 days whether you are guilty or not. While your license is suspended, you are not allowed to apply for a restricted license so you will be unable to drive anywhere for this period of time because you refused to submit the test. If you have a family or anyone who depends on you, refusing to submit to a chemical test can make your life extremely difficult for them. This refusal can also affect your court case in a negative way because the prosecution will say that you are guilty of DUI because you refused to submit to the chemical test. If you have a good Alabama DUI lawyer, they can argue your case for you since they’ve been in this situation before.

Penalties Applied to First Offense DUI in Alabama

The penalties applied to a DUI conviction in the state of Alabama depends on the number of times you’ve been charged with the same offense. This will also decide if your offense will be a misdemeanor offense or a felony offense. If this is the first time you have been convicted of a DUI in the last 5 years, it is considered a first offense DUI. If this is your first offense DUI, you can be fined up to $2,100 and can face up to 1 year in jail, as well as receiving a 90 day suspended license and requirement to attend a substance abuse program. The 5 year period in Alabama is considered the “look back period”. As an example, a person received a DUI in 2000 and then was arrested in 2007 for DUI again; it is considered a first offense DUI because it happened over five years after the first offense occurred. On the other hand, if the person was convicted in the year 2000 of a DUI and receives another conviction of DUI in 2004, it will be considered a second offense DUI because it occurred within the five year look back period. If no one is seriously injured or killed as a result of the DUI and it is a first time offense, it will be classified as a misdemeanor crime in the state of Alabama.

Originally published here.

It is important to educate yourself on the Alabama DUI laws including the Alabama DUI first offense penalties if you or someone you know has been convicted, as it can show you what to expect as far as penalties go and how you can make it as positive as possible.

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