It could be one of the most important decision for your future. You went to a bar or restaurant and had a few cocktails. No big deal. You are not an alcoholic and have done it hundreds of times before.
Having a drink or two with dinner is not a crime. You are not a criminal and this has never happened to you before but tell that to the officer who just pulled you over.
Darley Law focuses on providing a strong DUI defense. We have years of experience helping many individuals with their DUI criminal prosecution. We are open and invite you in for an initial consultation, or we can work with you remotely. Our offices are being continually sanitized for your safety.
DUI in Alabama
First of all, having a drink or two with dinner does not necessarily mean you are drunk. Driving under the Influence (DUI) only occurs if your blood alcohol level measures at 0.08 percent of your blood alcohol content (BAC) or above. The BAC is measured using a urine test, blood test, or standardized machine.
You may also be asked to take a sobriety test on the side of the road. This could include:
- Standing on one leg
- Finger-to-nose test
- Walking in a straight line
- Walking and turning
- Horizontal gaze
- Reciting the alphabet
Not all tests are professionally administered and Jason Darley understands when your rights have been violated.
Also consider that BAC readings for women differ from men because the machines were created to calibrate results for the male. Combine that with police errors and we have the best chance of dealing with your DUI charges early in the process.
Did the arresting officer do all of the steps required by his training before arresting you? Was the testing machinery accurately calibrated to Alabama standards?
Was there even probable cause to pull you over in the first place?
There are so many steps that are required prior to your arrest and a failure at any point can mean you have been unfairly targeted by law enforcement.
An experienced DUI lawyer, Jason Darley will ask these questions and more to fight your DUI-related charges early on in the arresting stage.
A DUI Conviction in Alabama
For the most part, the vast majority of DUI convictions in Alabama are misdemeanors. That is especially true if no one has been injured or died as a result of DUI, or if there is not a child in the car.
A first DUI conviction in Alabama can bring you up to one year in jail and a mandatory loss of license for 90 days. Also possible are fines up to $2,000 and required attendance in DUI school.
Repeat DUI offenses will lead to a longer imprisonment time, up to ten years for a fourth or more conviction. Fines range from $4,000 up to $10,000 and a mandatory loss of license for five years. You may be required to complete a state-certified chemical dependency program before getting your license back and be on probation for up to five years.
Your third offense or higher will have you spending some time in jail from 60 days up to ten years and the loss of your license up to five years. The fourth offense in five years is a Class C felony DUI and will require the mandatory installation of an ignition interlock device.
The device may also be installed even if it’s your first offense, but you register a BAC that is equal to or higher than 0.15 percent.
This will require you to blow into the device so the breathalyzer records the amount of alcohol in your breath. Too much and the technology will not allow the car to be started.
A refusal to submit to any blood, urine or breath tests upon arrest may see your license suspended for 90 days, regardless of the outcome of your criminal charges.
Additional prior DUI convictions, especially where serious bodily injury or death are involved, can lead to a DUI felony conviction in Alabama which cannot be erased from your record.
Your Experienced Alabama DUI Attorney
Hiring the right DUI lawyer can mean the difference between a criminal conviction that has a profound impact on your family and career, or an inconvenience that you have no plan on repeating.
Hiring Jason Darley as soon as you can gives you the fighting chance you need to deal with your DUI charge and to avoid the imposition of an ignition interlock device. It also increases the chance you can keep your license.
Call Jason Darley in our Mobile office to begin the conversation at (251) 732-7058.