Alabama DUI First Offense: What To Expect

If you are arrested in the State of Alabama on DUI charges, you are going to face consequences. You are going to have to deal with criminal charges associated with the DUI if you are arrested and you'll also have to deal with the DMV if you have your license revoked or suspended because of it. This is the reason why you need to get in touch with a good Alabama DUI lawyer as soon as you are charged with DUI. If you get a lawyer as quick as you possibly can after you are arrested, the events surrounding the arrest will still be fresh in your mind and you will have a better chance of having a positive outcome with your DUI case.

What Happens with Alabama DUI Prosecution

A person living in Alabama can be prosecuted two different ways for DUI. The first way someone can be prosecuted involves the ability to drive due to the use of drugs or alcohol. This particular charge is called driving under the influence of alcohol or drugs, and it is because the person was too intoxicated to safely drive. The other charge is when someone's blood alcohol level is tested and found to be over the legal limit of 0.08%. Even though someone doesn't seem intoxicated at this point, Alabama DUI law still states that it is against the law if you are driving while your blood alcohol level is above .08%. The only way to be prosecuted according to blood alcohol level is to be tested for it; it isn't based on the way the person was driving.

There are some states that can charge you for DUI even if you aren't driving your vehicle, with Alabama being one of them. If you are displaying physical control of the vehicle and are able to drive it at any given time, you can be charged with DUI in the state of Alabama. What this says is that if you are caught behind the wheel sitting in your driveway (or anywhere for that matter) while you're intoxicated, regardless if the car is running or not, you can be charged for a DUI. It's for this reason that you need to get in touch with a good Alabama DUI lawyer as soon as you can. When you obtain a good Alabama DUI lawyer, you can bring your chances of having a successful case up tenfold. Not only can your DUI lawyer help you with your case, they also have access to witnesses that you don't. If you can get these experts on your side, it's possible to have a successful outcome with your case.

When You Refuse to Submit to a Chemical Test

When you refuse to submit to a chemical test, you are changing the course of your case in a negative way. According to Alabama DUI law, if you refuse to submit to a chemical test, no matter if that means a breath test, blood test or urine test, you are subject to an automatic 90 day license suspension whether you were guilty or not. While under this suspension you will not be able to apply for restricted status on your license, so you won't be able to drive anywhere at all, including work or doctor appointments. If you have people who depend on you as their mode of transportation, you're going to make life hard for them when you can no longer legally drive. Not only will you have these problems, you will also have a tougher time winning your case because the prosecution will say you refused the chemical test because you knew you were guilty. If you have a skilled Alabama DUI lawyer, you can get some help arguing your case for refusing to submit to the chemical test.

First Offense DUI Alabama Penalties

The penalties you can face in the state of Alabama for a DUI depends on how many prior DUI convictions someone has had. The number of previous convictions will also determine if the charge will be classified as a misdemeanor or a felony. If the person charged with DUI hasn't had any DUI convictions within the last 5 years, this will be considered a first offense DUI. The penalties you will face for a first offense DUI in the state of Alabama include a fine of $600 to $2,100, a possible jail sentence up to 1 year, and the 90 day license suspension. Alabama considers the five year period the "look back period". If a person was charged and convicted of a DUI in 2002 and again charged for DUI in 2008, because it fell after the five year look back period, it will be considered a first offense. However, if someone is charged and convicted of DUI in 2004 and again charged for DUI in 2008, it will fall within the five year look back period, so it will not be considered a first offense; this will be the second offense DUI. A first offense DUI will be classified as a misdemeanor as long as no one was seriously injured or killed as a result of the DUI.

The best thing you can do for yourself if you or someone you know has been charged with a DUI in the State of Alabama is to research what you can expect as far as penalties and fines that are associated with an Alabama DUI first offense and what you need to know about Alabama SR22 insurance and filings.

Additional resources

SR22 Insurance Quotes
SR22 Insurance By State