DUI Laws in Alabama
- DUI Laws in Alabama
- Alabama DUI laws Overview
- What constitutes a DUI in Alabama?
- Alabama DUI Prosecution
- Alabama DUI Legal Restrictions
- Alabama DUI Punishment
- License suspension and reinstatement
- What to do if you are arrested for a DUI in Alabama
- How to Choose the Right DUI Lawyer in Alabama
- Legal process for a DUI in Alabama
- DUI and underage drinking in Alabama
Stuff happens. Although we’ve all used that excuse at one time or another, it’s not a legitimate legal defense especially when is comes to DUI laws. Like other states, Alabama DUI laws have been structured to keep residents safe. Stopping a potential DUI offender before an accident is always the best course of action.
But what if you’re that unfortunate “offender?” Not drinking and driving is a great rule to follow but there are actually some instances where you can still be arrested for a DUI in Alabama without even driving. Knowing about Alabama DUI laws might help you think twice before getting into a situation where you could be arrested.
Alabama DUI laws Overview
Alabama has strict DUI laws that aim to keep the roads safe for all drivers and pedestrians. Driving under the influence of alcohol or drugs is a crime in Alabama and can lead to severe penalties. A DUI conviction can result in a fine, license suspension, and even jail time, depending on the circumstances.
In Alabama, the legal blood alcohol content (BAC) limit for drivers is 0.08%. However, for drivers under the age of 21, the legal limit is much lower, at 0.02%. This means that even a small amount of alcohol can result in a DUI charge for underage drivers.
If you are convicted of a DUI in Alabama, the penalties can vary depending on the circumstances of the offense. For a first offense, the penalties may include a fine of up to $2,100, up to one year in jail, and a license suspension of up to 90 days. Repeat offenses can result in much harsher penalties, including longer jail sentences and longer license suspensions.
What constitutes a DUI in Alabama?
Driving under the influence (DUI) in Alabama is a serious offense. It is important to have a clear understanding of what constitutes a DUI in the state to ensure you stay safe and legal.
In Alabama, it is illegal to operate a vehicle if your blood alcohol concentration (BAC) is 0.08% or higher. However, if you are under the age of 21, the legal limit is lower at 0.02%. In addition to alcohol, it is also illegal to drive under the influence of any controlled substance, including prescription drugs.
It is important to note that you can be charged with a DUI even if your BAC is below the legal limit if it is determined that your ability to operate a vehicle was impaired. This means that if you have been drinking or using drugs, and it affects your ability to drive safely, you can still be charged with a DUI.
Alabama has an implied consent law, which means that if you refuse to take a breathalyzer or blood test when pulled over for suspicion of DUI, your license will automatically be suspended for 90 days for a first offense, and longer for subsequent offenses. Refusal to take a chemical test can also be used as evidence against you in court.
Alabama DUI Prosecution
As in many other states, Alabama DUI laws allow for a person to be charged with two crimes for one incident. The first charge would be for simply being under the influence of drugs or alcohol. “Being under the influence” means that you are physically or mentally incapable of driving due to too much alcohol or drugs in your system.
The second charge is the actual operating of a motor vehicle while under the influence. In Alabama, the legal limit has been set at a blood alcohol content of .08% or greater. Here’s the catch: you don’t actually have to be driving your car to be charged with a DUI. You can merely be sitting in your car, sleeping off a binge, and still be arrested. The policy is designed to keep drunk drivers off the road. No matter how sincere you are, the fact that you potentially could drive your car under the influence is enough for an arrest.
Alabama also has a strict “zero tolerance” policy for anyone arrested for a DUI who is under the legal drinking age of 21. In those cases, your blood alcohol content can’t be any higher than .02%.
Alabama DUI Legal Restrictions
If you have been arrested for any DUI charge in Alabama you have ten days to notify the Alabama Department of Public Safety to set up a hearing in order to determine the status of keeping your driver’s license. You have the right to refuse a test to determine your blood alcohol content but that refusal comes with consequences.
If you have been lawfully detained and refuse to submit to a breathalyzer, urine or blood test your license will be automatically suspended for 90 days. Also, that refusal can be used against you in your trial. It’s usually better to take the test.
Alabama DUI Punishment
A person who has been convicted of their first DUI offense can face up to a year in jail and/or fines of anywhere between $600 and $2,100. That person will also be required to complete a state-certified substances abuse program. In Alabama, there is a five-year “look back” exclusion. This means if a person commits a second DUI offense within a five-year period, that person will be charged as a second-time offender. Outside of five years, you can face the same punishment as a first-time offender.
A second time DUI conviction can mean a minimum of five days in jail and potentially up to a year. In exchange for the five days in jail, a person convicted of a DUI in Alabama can opt for 30 days of community service. Your license will be suspended for a year and you’ll still be required to attend a substance abuse program. A third DUI conviction can lead to 60 days in jail. A fourth DUI conviction is considered a Class C felony which means at least one year in jail.
For third-time DUI offenders, the penalties may include a fine of up to $10,100, a license suspension of three years, mandatory participation in a court-approved substance abuse program, probation, and up to one year in jail. Drivers who cause injury or death while driving under the influence may face even more severe penalties, including lengthy prison sentences and high fines.
License suspension and reinstatement
If you are convicted of a DUI in Alabama, one of the consequences you will face is the suspension of your driver’s license. The length of the suspension will depend on the severity of the offense and whether this is your first DUI offense or not.
For a first-time DUI offense, your license will be suspended for a minimum of 90 days and up to a maximum of one year. If you refuse to take a breathalyzer test, your license will be suspended for a minimum of 90 days and up to a maximum of two years.
For a second DUI offense, your license will be suspended for a minimum of one year and up to a maximum of two years. For a third DUI offense, your license will be suspended for a minimum of three years and up to a maximum of five years.
In addition to the license suspension, you may also be required to attend a drug and alcohol treatment program and pay fines and court fees.
Once your license suspension period is over, you will need to go through a reinstatement process to get your license back. This may include paying a reinstatement fee, completing a driver’s education course, and providing proof of insurance.
What to do if you are arrested for a DUI in Alabama
Getting arrested for a DUI in Alabama can be a stressful and overwhelming experience. However, it’s important to remain calm and remember that you have legal rights. Here are some steps to take if you are arrested for a DUI in Alabama:
- Cooperate with law enforcement: Resisting arrest or being uncooperative with law enforcement will only make things worse for you. It’s important to comply with their instructions and remain respectful.
- Contact a DUI attorney: As soon as you can, contact an experienced DUI attorney who can help advise you on the best course of action. A DUI attorney can help you understand your legal rights and options and can represent you in court.
- Attend your court hearing: If you are arrested for a DUI, you will likely be required to attend a court hearing. It’s important to attend this hearing and to be on time. Failure to appear can result in additional charges and penalties.
- Consider a plea bargain: In some cases, it may be possible to negotiate a plea bargain with the prosecution. This can result in reduced charges or penalties, so it’s worth considering.
- Be prepared for the consequences: If you are convicted of a DUI in Alabama, you will face penalties such as fines, license suspension, and possibly even jail time. It’s important to be prepared for these consequences and to take steps to minimize their impact on your life and future.
How to Choose the Right DUI Lawyer in Alabama
Choosing the right DUI lawyer in Alabama can be a daunting task, but it is crucial if you have been charged with a DUI. Not all lawyers are created equal, and you want to ensure that you have the best possible representation in court.
First, you should look for a lawyer who specializes in DUI cases. This area of law is complex, and you need someone who has the knowledge and experience to navigate the system. Look for a lawyer who has a track record of success and is familiar with the judges and prosecutors in your area.
It’s also important to find a lawyer who is responsive to your needs and concerns. You want someone who will take the time to explain the process to you and answer any questions you may have. A good lawyer should also be upfront about their fees and billing practices.
When meeting with a potential lawyer, ask about their experience with DUI cases, their success rate, and their approach to building a defense. You should also ask for references and check online reviews to get a sense of their reputation.
Legal process for a DUI in Alabama
Being charged with a DUI in Alabama can be a daunting process, but it’s important to understand the legal process to ensure you are prepared and can make informed decisions. After being arrested for a DUI, you will be taken to jail and booked. You will then be given a court date for your arraignment.
At your arraignment, you will be formally charged with a DUI and will have the opportunity to enter a plea. It’s recommended that you consult with a DUI attorney before entering a plea to ensure you fully understand the consequences and potential penalties of each option. If you plead guilty or no contest, your case will move to sentencing, where a judge will determine your punishment. This can include fines, jail time, community service, and a suspended license.
If you plead not guilty, your case will move to trial. During the trial, the prosecution will present evidence against you, and your attorney will present evidence in your defense. It’s important to note that in Alabama, the legal blood alcohol content (BAC) limit is .08%. If your BAC is above this limit, you can be charged with a DUI regardless of whether you were showing signs of impairment.
DUI and underage drinking in Alabama
DUI and underage drinking are two serious issues in Alabama. The state has strict laws regarding both, and the consequences of breaking these laws can be severe.
Under Alabama law, it is illegal for anyone under the age of 21 to purchase, consume, or possess alcohol. If a person under 21 is caught with alcohol, they may face fines, community service, and even suspension of their driver’s license.
Driving under the influence (DUI) is also illegal in Alabama, and the legal limit for blood alcohol concentration (BAC) is 0.08%. If a driver’s BAC is over the legal limit, they may face fines, license suspension, and even jail time.
If a driver under the age of 21 is caught driving with any amount of alcohol in their system, they may face even more severe penalties. Alabama has a zero-tolerance policy for underage drinking and driving, and a conviction can result in fines, license suspension, and even jail time.