Get help from an Alabama DUI Criminal Defense LawyerBeing arrested for DUI is a serious offense that can have serious repercussions, including jail time, loss of driving privileges, and monetary fines. It is crucial that anyone facing a DUI (DWI) charge understand what challenges they will encounter. Seeking the legal advice of a competent and knowledgeable DUI criminal defense lawyer will help you understand all of your options and rights. Call today for a professional and free consultation. Alabama DWI or DUI Administrative HearingPursuant 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 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 Alabama DPS (Department of Public Safety) within 10 days. Contact a DUI defense lawyer in Birmingham, Alabama to help, but do not delay. Arrested for DWI or DUI in Birmingham, 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 driving privileges in Alabama, it is important to remember that there may be additional penalties to consider and each action must be handled separately. DUI Penalties for First Time Offenders- Monetary Fines - In Birmingham, 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 Alabama driver's license for 90 days.
- Jail Time - A first time DWI or DUI offender faces up to one year imprisonment in Birmingham, Alabama.
- Commercial Drivers - Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) of 0.04. A first time DUI (driving under the influence) or DWI (driving while intoxicated) 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.
- Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of Alabama driver's license for 90 days.
- Alcohol Evaluation - Successful completion of a DUI knowledge test and chemical assessment is required for reinstatement of driving privileges in Alabama.
DUI Subsequent OffensesPenalties are increasingly more severe for any additional DUI violations. Due to the complexity of DUI laws in Alabama, you may not be aware of rights and options. This is why an accomplished and knowledgeable lawyer can guide you through this emotionally challenging process. Please contact an Alabama DWI criminal defense lawyer for a fast, free consultation. Second DUI (driving under the influence) or DWI (driving while intoxicated) Conviction:- Fine - $1,000 - $5,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund
- Imprisonment - 48 consecutive hours, up to 1 year, or not less than 20 days community service
- Driver's License Revocation - 1 year
- Mandatory - Not less than 48 hours consecutive imprisonment, or community service of not less than 20 days
Third DUI Conviction Within 5 Years:- Monetary Fine - $2,000 - $10,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund
- Mandatory - 60-day imprisonment which cannot be probated or suspended
- Imprisonment - 60 days in municipal or county jail, up to 1 year
- License Revocation - 3 years
Fourth or Subsequent Conviction Within 5 Years- License Revocation - 5 years
- Class C Felony
- Fine - $4,000 to $10,000
- Imprisonment - 1 to 10 years
Actual Physical ControlIn Alabma, the DUI law does not require that a person be caught driving a vehicle. The state is an "actual physical control" state. This means that under Alabama DUI laws, being in a car may be enough for police to charge you. To make sure you fully understand all your options and what you are facing, it is imperative that you contact an accomplished and skilled DUI defense lawyer in Birmingham, Alabama. Remember that you need to act quickly to make sure you take advantage of all your rights and options. Actual Physical ControlIn Alabma, the DUI law does not require that a person be caught driving a vehicle. The state is an "actual physical control" state. This means that under Alabama DUI laws, being in a car may be enough for police to charge you. To make sure you fully understand all your options and what you are facing, it is imperative that you contact an accomplished and skilled DUI defense lawyer in Birmingham, Alabama. Remember that you need to act quickly to make sure you take advantage of all your rights and options. |