DUI Lawyer - Hoover, Alabama

Alabama DUI - DWI Administrative Hearing

Pursuant to Alabama law, an individual has 10 days to request an Administrative Hearing from the Department of Public Safety in Alabama. 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 Alabama DPS (Department of Public Safety) within 10 days. Contact a DUI lawyer in Hoover, Alabama to help, but do not delay.

What happens if I was arrested for DUI in Hoover?

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

Being charged with DUI is a serious offense that can have major consequences, including loss of driving privileges, jail time, and monetary fines. It is imperative that anyone facing a DUI (DWI) charge understand what challenges they will encounter. Seeking the legal advice of an aggressive and professional DUI attorney will help you understand all of your rights and options, including any defenses you might use.

DUI Penalties for First Time Offenders

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

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 Conviction Within Five Years

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

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, including any defenses you might use. This is why an aggressive and experienced criminal defense lawyer can guide you through this emotionally challenging process. Please contact an Alabama DWI or DUI attorney for a free consultation.

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 instance, 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 - DWI in Alabama. To make sure you fully understand all your options and what you are facing, it is important that you contact a capable and knowledgeable DUI lawyer in Hoover, Alabama. Remember that you need to act quickly to make sure you take advantage of all your options and rights.

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.