If you live in Alabama, or you are arrested there, then these Alabama DUI laws likely apply. Please understand that you should always consult with Alabama DUI lawyers for specific legal advice.
If you are arrested for a DUI in Alabama, two issues are going to arise. First, the Alabama Department of Public Safety will handle the possible suspension or revocation of your driver’s license. It is important to know that the Alabama Department of Public Safety will only allow 10 days from the moment of your arrest to request a hearing to prevent the loss of your driver’s license. For that reason alone, it would be very wise to contact several Alabama DUI lawyers as quickly as possible.
Secondly, and perhaps more importantly, the Alabama DUI laws require a criminal case following your DWI arrest. You may be charged under either of two legal theories.
The first theory used in criminal prosecutions of Alabama DUI laws states that you were under the influence of either alcohol or drugs while driving. This may be proven if the prosecution is able to show that your mental capacities, while driving, were impaired by any intoxicants.
The second theory that may be used in the criminal prosecution of Alabama DUI laws is a per se theory. Regardless of whether your driving abilities were impaired or not, the prosecution must only prove that your blood alcohol level was .08% or greater. Under this theory, you may be convicted based upon chemisty evidence alone, such as a breathalyzer result, blood test, or urine test.
An interesting observation of the Alabama DUI laws is that you do not have to be drinking and driving to be charged. Simple physical control of the vehicle is all that the state must prove. This means that you may be found guilty of a DUI or DWI just for having a blood alcohol level of .08% or greater, and being in the car. Yes, even if you are just sleeping in the vehicle you can be charged.
Under the Alabama DUI laws, there are additional penalties added if you refuse to take a blood alcohol test (blood, urine, or breath), if you were indeed lawfully arrested. The possible penalties includes an automatic suspension of your driver’s license for 90 days, and the prosecutor will attempt to use your refusal to take the tests in the trial to show a consciousness of guilt.
The sentencing guidelines under the Alabama DUI laws varies according to the number of times that you have been found guilty of having commited a DWI.
For the first DUI conviction, it will be treated as a misdemeanor in Alabama. You may be given up to 365 days in jail, a fine that is between $600 and $1,200, your license will be suspended for 90 days, and you must attend a court ordered substance abuse program.
The penalties for a second conviction under the Alabama DUI laws is much more severe. You may be sentenced to jail for anywhere from 5 to 365 days, you will be fined between $1,100 and $5,100, your driver’s license will be suspended for one year, and you will be required to attend a court ordered treatment program.
The third DUI in Alabama is still treated as a misdemeanor. You will be sentenced to between 60 and 365 days in jail, the fine will be between $2,100 and $10,100, your driver’s license will be suspended for three years, and you must attend an alcohol treatment program.
The forth DUI (or greater) is treated as a felony. You will be sented to jail for between one year (and one day) and ten years, the fine will be between $4,100 and $10,100, your driver’s license will be suspended for five years, and you must attend a court ordered substance abuse program.