Auburn, Alabama DUI Attorney
Being charged with DUI is a serious offense that can have serious repercussions, including loss of driving privileges, jail time, and monetary fines. It is very important that anyone facing a Alabama DUI charge understand what challenges they will encounter. Seeking the legal advice of a competent and knowledgeable DUI attorney will help you understand all of your rights and options, including any defenses you might use.
Arrested for DUI or DWI in Auburn, Alabama?
Under Alabama law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your driver's license by the Alabama DPS. While both actions can result in the suspension of your Alabama driving privileges, it is important to remember that there may be more penalties to consider and each action must be handled on their own.
Alabama DUI or DWI Administrative Hearing
Pursuant to Alabama law, an individual has 10 days to request an Administrative Hearing from the Alabama DPS. If you fail to request a hearing within 10 days, your right to the hearing is lost, and your Alabama driver's license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is crucial that you submit your request to the Department of Public Safety in Alabama within 10 days.
DUI Penalties for First Time Offenders
- Jail Time- A first time DUI or DWI offender faces up to one year imprisonment.
- Alabama Driving Privileges and DUI- In Auburn, Alabama, a first time DUI or DWI conviction results in the revocation of Alabama driving privileges for six months to three years.
- Alcohol Evaluation- Successful completion of a DUI knowledge test and chemical assessment is required for reinstatement of Alabama driving privileges.
- Monetary Fines- In Auburn, Alabama, fines for a first time DUI range between a minimum of $600.00, up to a maximum of $2,100.00
- Chemical Test Refusal- Refusing to submit to a test when requested by law enforcement will result in the revocation of driver's license in Alabama for 90 days.
- Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC (blood alcohol content) of 0.04. A first time DWI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license.
DUI Subsequent Offenses
Penalties are increasingly more severe for any more DUI violations. Due to the complexity of DUI laws in Alabama, you may not be aware of rights and options, including any defenses you might use. This is why an aggressive and experienced attorney can guide you through this emotionally challenging process. Please contact an Alabama DWI / DUI attorney for a fast, free consultation.
Second DUI Conviction:
- Imprisonment- 48 consecutive hours, up to 1 year, or not less than 20 days community service
- Fine- $1,000 - $5,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund
- Mandatory- Not less than 48 hours consecutive imprisonment, or community service of not less than 20 days
- Driver's License Revocation - 1 year
Third Alabama DUI Conviction Within 5 Years:
- Monetary Fine- $2,000 - $10,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund
- Imprisonment- 60 days in municipal or county jail, up to 1 year
- License Revocation- 3 years
- Mandatory - 60-day imprisonment which cannot be probated or suspended
Fourth or Subsequent Alabama DUI Conviction Within 5 Years
- Class C Felony
- Imprisonment- 1 to 10 years
- Fine- $4,000 to $10,000
- License Revocation - 5 years
Actual Physical Control
To make sure you fully understand all your options and what you are facing, it is important that you contact an assertive and skilled DUI defense lawyer in Auburn, Alabama. Remember that you need to act quickly to make sure you take advantage of all your options and rights. In Alabma, the DUI law does not require that a person be caught driving a motor vehicle, being an "actual physical control" state.
Under Alabama DUI laws, being in a car may be enough for law enforcement to charge you. Actual physical control is the exclusive physical power, and present ability, to operate, move, park, or direct whatever use or nonuse is to be made of a motor vehicle at the moment, as determined by the totality of the circumstances. A person who meets one of the above conditions and who is asleep in, or simply sitting in, a motor vehicle may be guilty of DUI or DWI in Alabama.
Actual Physical Control
To make sure you fully understand all your options and what you are facing, it is important that you contact an assertive and skilled DUI defense lawyer in Auburn, Alabama. Remember that you need to act quickly to make sure you take advantage of all your options and rights. In Alabma, the DUI law does not require that a person be caught driving a motor vehicle, being an "actual physical control" state.
Under Alabama DUI laws, being in a car may be enough for law enforcement to charge you. Actual physical control is the exclusive physical power, and present ability, to operate, move, park, or direct whatever use or nonuse is to be made of a motor vehicle at the moment, as determined by the totality of the circumstances. A person who meets one of the above conditions and who is asleep in, or simply sitting in, a motor vehicle may be guilty of DUI or DWI in Alabama. |