Alabama DUI Lawyer

Alabama DUI laws explained

Sometimes good people make mistakes. However, if you are convicted of DUI, you could end up facing tough penalties that can seriously impact your future.

First DUI conviction

• Up to 1 year in jail
• A mandatory loss of license for 90 days
• A fine ranging from $500 – $2,000
• Impaired Drivers Trust Fund fine of $100
• DUI school attendance

Second DUI conviction

• Imprisonment between 48 hours-1 year or at least 20 hours of community service
• A mandatory loss of license for 1 year
• A fine ranging from $1,000 – $5,000
• Impaired Drivers Trust Fund fine of $100

Third DUI Conviction:

• Imprisonment between 60 days-1 year
• A mandatory loss of license for 3 year
• A fine ranging from $2,000 – $10,000
• Impaired Drivers Trust Fund fine of $100

Subsequent DUI Conviction:

• Imprisonment between 1-10 year
• A mandatory loss of license for 5 year
• A fine ranging from $4,000 – $10,000
• Impaired Drivers Trust Fund fine of $100

Ignition Interlock Devices

In Alabama, Ignition Interlock Devices are required for people who are guilty of the following:

• First time DUI offenders with a BAC equal to or higher than .15 percent
• An intoxicated driver involved in an accident that causes injuries
• An intoxicated driver found with a child 14 years or younger in the car
• An intoxicated driver refuses to take a chemical breath test
• Repeat DUI offenders

Drivers who are required to have an IID are responsible for all costs associated with obtaining, installing, leasing, and removing the device. The ignition interlock device must be obtained through a state-approved provider.

What Should You Do if Pulled Over for a DUI?

Always Stop for an Officer

You should never flee the scene of a traffic stop or fail to pull over when a police officer activates his lights behind you. Failing to stop will only make the situation worse. It doesn’t matter if you are intoxicated or not, you must stop for a police officer who initiates a traffic stop. The minute the officer decides to pull you over he or she will begin observing you for any behavior that could wind up in the police report.

Follow Instructions and Be Polite

It’s important for you to follow instructions given by the officer or else you could be arrested before any tests are performed for suspicion of DUI. You must also be polite when speaking to the officer, no matter how the officer treats you. When the officer instructs you to turn off the vehicle and exit the car, do so in a timely fashion without making any jerky movements. If you are asked a question about how much you’ve had to drink don’t answer with attitude or in a condescending manner.

Avoid Incriminating Yourself

Do everything possible to avoid incriminating yourself when answering questions. The only information you are required to provide the police officer during a DUI traffic stop is your name, driver’s license, registration and auto insurance. You do not legally have to answer any other questions. Instead of ignoring the officer, simply tell the officer “I’m sorry, but I do not want to answer any further questions without my attorney present.” This provides the officer with less opportunity to gather incriminating evidence.

Refuse Field Sobriety Tests

It is important to refuse field sobriety tests (FSTs) when pulled over for suspicion of DUI in Alabama. There is no law that forces you to submit to an FST when stopped for DUI. The officer may imply that it is in your best interests to submit to this type of test, but keep in mind that the main purpose of these tests is to help the officer establish probable cause for a drunk driving arrest.

You should also refuse the field breathalyzer test. This is the test administered when the officer asks you to blow into the hand-held device. These devices might not be calibrated properly, the officer might not be trained to use it, and there could be other issues with the device. This is not to be confused with the chemical test you will be asked to submit to if you are arrested and brought to the station. When you were issued a driver’s license, you gave your implied consent to take this chemical test if you are arrested on suspicion for DUI. Refusal to take this test can result in an automatic driver’s license suspension and other enhanced penalties.

Write Info Down

Once you have been released from custody, you need to write down every detail you remember about the traffic stop and subsequent arrest. This includes names of all officers you encountered, where the traffic stop occurred, what was said to you and much more. Write down where you were drinking, how much you had to drink, the time of your last drink, anything you said to the officer and if you were read your Miranda rights.

Why You Should Fight a DUI

Before you agree to accept guilt and jump on the first agreement offered you, consider what that may mean:

• The Cost – Yes, an attorney is expensive, but going it alone may be pricier. The fine alone can easily reach $2,000, even for a first-time offense, and you will likely experience an increase in your automobile insurance. In addition, you will have to pay for court-ordered costs such as drug screenings and the installation of an ignition interlock device (IID). Three years ago, Alabama lawmakers insisted the IID be installed as part of stiffer penalties if a driver wants to continue to drive. Instead, hiring a defense attorney can help you fight the conviction, the charges, and the cost.
• Probation – Severe restrictions may be imposed on you during a probationary period. You might think you can handle it since you are generally law-abiding but being on probation means you will have to meet with your officer at their convenience. You cannot consume any alcohol and will have to submit to random screenings for drugs and alcohol. Your travel may be restricted and leaving the state may be impossible.
• Employment – Do you enjoy your current job or, are you searching for work? If you have a DUI conviction on your record, somebody may pass you over for a more suitable candidate. In Alabama, the conviction will stay on your record forever. If your job involves transportation or caring for the vulnerable population, having a DUI may be an automatic disqualifier for employment.
• Children – If you are a parent who shares custody with the other parent, having a DUI conviction may limit your access to your children. A judge may look down upon you as a responsible parent enough to supervise your children. In a contentious divorce or separation, the other spouse may use a DUI conviction against you, especially if you drive the children anywhere.
• Avoid the Conviction – Consider that you may be able to avoid the above or part of it if you avoid a conviction altogether. Being charged with DUI means that time is of the essence. A conviction is not a foregone conclusion. There may be avenues to avoid a conviction. You only know that when you arrange a consultation with an experienced, compassionate DUI defense attorney.

Contact Darley Law

With the stakes being so high, it’s a wise idea to enlist the help of an attorney who handles DUI cases. Darley Law, LLC can help you:

• Understand your charges
• Become aware of your rights under the law
• Identify illegal police actions (such as failure to read Miranda Rights)
• Determine which defenses apply to your case

Whether this is your only DUI charge or your third, Darley Law, LLC can provide the support, advice, and representation you need to fight your DUI charge. If you need quality legal defense for a DUI charge, contact Darley Law, LLC.