DUI Criminal Defense Lawyer - Huntsville, Alabama

If you are facing a DUI charge in Huntsville, Alabama, seeking the legal advice of an aggressive and knowledgeable DUI criminal defense attorney will help you understand all of your rights and options.Being arrested for DUI is a serious offense that can have serious repercussions, including fines, jail time, and loss of driving privileges. It is crucial that anyone facing a Alabama DUI charge understand what challenges they will encounter.

What happens if I was arrested for DUI in Huntsville?

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 more penalties to consider and each action must be handled on their own.

Alabama DWI / DUI 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 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 Alabama DPS within 10 days.

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 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 content) of 0.04. A first time DWI (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.
• Alabama Driving Privileges and DUI - In Huntsville, Alabama, a first time DWI / DUI conviction results in the revocation of Alabama driving privileges for six months to three years.
• Jail Time - A first time DWI / DUI offender faces up to one year jail time.
• Monetary Fines - In Huntsville, 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

To make sure you fully understand all your options and what you are facing, it is crucial that you contact an accomplished and skilled DUI attorney in Huntsville, 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 DWI / DUI in Alabama.

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 5 Years

• License Revocation - 5 years
• Class C Felony
• Fine - $4,000 to $10,000
• Imprisonment - 1 to 10 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 options and rights. This is why an aggressive and knowledgeable criminal defense lawyer can guide you through this emotionally challenging process. Please contact an Alabama DUI or DWI criminal defense attorney for a fast, 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.