DUI Reference Guide

Alabama DUI Laws

There are two possible reasons as to why a person might be arrested for a DUI.  An arrest can occur if a driver has a blood alcohol content (BAC) that is at or above 0.08%.  In addition, if a person is found to be driving while intoxicated by drugs or alcohol to the extent of having their driving abilities impaired, they can also be arrested for a DUI.

In the case of arrests based on perceived impairments, a police officer makes note of evidence they see that leads to the conclusion that a person has some level of impairment that is affecting their ability to drive properly and safely.  Possible evidence for these cases can include someone who is swerving as they drive, someone speeding excessively or even ignoring traffic lights and signs.  Other signs that a person could be intoxicated are slurred speech and the smell of alcohol on one’s clothes and or breath. 

Individuals who are charged with a DUI will find that they have two separate cases.  One case is through the Department of Public Safety. This case can result in a license suspension.  Those arrested have the right to request a hearing in an attempt to retain their license as long as they do so within ten days of their arrest. 

Refusing to take a blood alcohol content test will bring about further consequences.  People will automatically lose their license for 90 days.  Many law enforcement officers are under the belief that not taking a test means that a driver knows that they are intoxicated and might therefore, fail the test. 

A criminal case will also result from a DUI arrest.  Those convicted of a DUI will be fined and can also be sent to spend some time in jail.  Additionally, they will have their license suspended which is a separate case from that of the Department of public safety.  Those convicted might also need to receive drug or alcohol treatment or to attend educational programs regarding DUI or alcohol/drug difficulties. 

If it is believed that a person did or was going to drive a vehicle, they can be arrested for a DUI even if they are not presently driving.  Individuals, who are caught in the car even if sitting in the driver’s seat but not presently operating the vehicle, can still be charged with a DUI. 

Those convicted of a DUI, face several possible penalties for their crime.  Anyone can be mandated to receive treatment for alcohol and/or drug problems.  The number of DUI offenses that a person has been convicted of in the past has an impact on their sentencing.  First time and second time offenders can spend time in prison, with a maximum sentence of 365 days.  Generally, second time offenders will need to spend at least 5 days.  License suspensions are 90 days for a first time offender and increase to one year for second time offenders.

Anyone convicted of their first DUI could be ordered to pay $600-$2100 in fines.  Second time offenders might find themselves paying $1100 to $5100.  Third time offenders will pay as much as $10,100 in fines with a typical minimum of $2100.  They will also serve up to a year in jail.  Jail sentences are typically at least 60 days.  License suspensions for third time offenders are three years.

The fourth DUI conviction is no longer a misdemeanor but is now a felony.  Once again fines can range as high as $10,100.  A person charged with this DUI felony will be in jail for up to ten years.  They must serve at least one year in prison.  A person will have their license revoked for five years. 

Individuals who have been arrested for DUI should definitely consult with an attorney.  A lawyer can help an individual during their hearing with the Department of Motor Vehicles.  There are times when an individual is able to retain their license.  An attorney can also work with those convicted to attempt to establish doubt as to whether or not a person was actually intoxicated or driving with an elevated blood alcohol level at the time when they were driving.  A skilled DUI lawyer is the best choice when searching for a lawyer to handle these cases.