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What happens if I was arrested for DUI in Mobile?

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 (DUI) 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 Alabama DPS (Department of Public Safety) within 10 days. Contact a DUI attorney in Mobile, Alabama to help, but do not delay.

Being arrested for DUI is a serious offense that can have major consequences, including jail time, loss of driving privileges, and monetary fines. It is imperative that anyone facing a Alabama DUI understand what challenges they will encounter. Seeking the legal advice of a capable and knowledgeable DUI lawyer will help you understand all of your rights and options.

DUI Penalties for First Time Offenders

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

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 accomplished and experienced lawyer can guide you through this emotionally challenging process. Please contact an Alabama DUI or DWI lawyer for a fast, 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 DWI (DUI) in Alabama. To make sure you fully understand all your options and what you are facing, it is crucial that you contact a competent and professional DUI attorney in Mobile, Alabama. Remember that you need to act quickly to make sure you take advantage of all your options and rights.

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 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

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

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.