DUI Criminal Defense Attorney - Gadsden-Anniston, Alabama

What happens if I was arrested for DUI in Gadsden-Anniston?

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 (Department of Public Safety). While both actions can result in the suspension of your driving privileges in Alabama, it is important to remember that there may be more penalties to consider and each action must be handled on their own.

Alabama DWI Administrative Hearing

Pursuant to Alabama law, an individual has 10 days to request an Administrative Hearing from the Alabama DPS (Department of Public Safety). If you fail to request a hearing within 10 days, your right to the hearing is lost, and your driver's license in Alabama 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.

If you are facing a DUI charge in Gadsden-Anniston, Alabama, seeking the legal advice of an aggressive and skilled DUI defense lawyer will help you understand all of your rights and options.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 imperative that anyone facing a Alabama DUI understand what challenges they will encounter.

DUI Penalties for First Time Offenders

• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC (blood-alcohol concentration) of 0.04. A first time DUI 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.
• Jail Time - A first time DWI offender faces up to one year jail time.
• Alcohol Evaluation - Successful completion of a DUI knowledge test and chemical assessment is required for reinstatement of driving privileges in Alabama.
• Alabama Driving Privileges and DUI - In Gadsden-Anniston, Alabama, a first time DWI conviction results in the revocation of driving privileges in Alabama for six months to three years.
• 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.
• Monetary Fines - In Gadsden-Anniston, Alabama, fines for a first time DUI range between a minimum of $600.00, up to a maximum of $2,100.00

Actual Physical Control

In 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. 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.

For example, 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 DWI in Alabama. To make sure you fully understand all your options and what you are facing, it is very important that you contact an accomplished and knowledgeable DUI lawyer in Gadsden-Anniston, Alabama. Remember that you need to act quickly to make sure you take advantage of all your rights and options, including any defenses you might use.

Second Alabama DUI Conviction:

• Driver's License Revocation - 1 year
• 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 (twenty) days
• Imprisonment - 48 consecutive hours, up to 1 year, or not less than 20 days community service

Third DWI / DUI Conviction Within Five Years:

• 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
• Monetary Fine - $2,000 - $10,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund

Fourth or Subsequent Conviction Within 5 Years

• Class C Felony
• Imprisonment - 1 to 10 years
• Fine - $4,000 to $10,000
• License Revocation - 5 years

DUI Subsequent Offenses

Penalties 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 a capable and professional criminal defense attorney can guide you through this emotionally challenging process. Please contact an Alabama DWI / DUI defense lawyer for a fast and free consultation.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.