DUI in Alabama: What am I facing?

According to Alabama law, a person shall not drive or be in actual physical control of any vehicle while:

(1) There is 0.08 percent or more by weight of alcohol in his or her blood;

(2) Under the influence of alcohol*

(3) Under the influence of a drug to a degree which renders him or her incapable of safely driving*

*The prosecutor must prove beyond a reasonable doubt that you blew 0.08 on a breathalyzer test AND that you were under the influence of drugs or alcohol. Whether or not you were under the influence at the time of your traffic stop is determined by any number of Field Sobriety Tests (FST) and it is up to the officer to make sure they conducted the test correctly.

*Even if you were driving and had a prescription for pain medication, the prosecutor still has to show that you were not fit to drive!

These areas are commonly glossed over by the police and prosecutor, and MUST BE ATTACKED! You can beat your DUI case!

If you are convicted of a DUI the punishments are as follows:

First  DUI

You shall be placed in jail for not more than one year* OR

You’ll have to pay a fine of $600-2,100.00 OR

BOTH!

You’ll also have to surrender your license for 90 days*

Your first DUI will be treated as a misdemeanor, and it can be used against you in future DUI cases for up to 5 years.

Second DUI

Your second DUI in 5 years will carry a fine of $1,100-5,100 and serve time in the county jail up to 1 year*

You’ll have to do a minimum of 5 days in jail.

Your license will be revoked for 1 year.

Your second DUI will be treated as a misdemeanor, and it can be used against you in future DUI cases for up to 5 years.

Third DUI

Fine of $2,100-10,000 and serve time in jail up to 1 year*

Minimum of 60 days in jail

Your license will be revoked for 3 years.

Your second DUI will be treated as a misdemeanor, and it can be used against you in future DUI cases for up to 5 years.

Fourth DUI and future DUIs

Your fourth and future DUIs will be treated as a Class C Felony!

Fine of $4,100-10,100

One year and one day in jail*

Minimum of 10 days in jail.

Your license will be revoked for 5 years.

Your license may never be reinstated.*

* What are the options?

While each new DUI carries a minimum jail sentence, there are things your attorney can do to make sure that is all the time you’ll spend in jail. He can ask for DUI and substance abuse classes, color code, or probation in many circumstances to ease the burden of a DUI conviction. Rest assured that a DUI is extremely serious, and if you are convicted there is a chance that you will never get your drivers license back!

If you are charged with a DUI, you only have 10 days to file an appeal to the Department of Public Safety to try and keep your license from being suspended!

IF YOU OR YOUR LOVED ONE HAS BEEN CHARGED WITH A DUI THEN TIME IS NOT ON YOUR SIDE!

CALL ME TODAY!

 

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