Drunk Driving DUI Law

In the state of Alabama you can be arrested for an Alabama DUI based on one of two theories. First, you can be arrested simply for being under the influence of alcohol or drugs. If the officer feels you are too impaired to drive he can arrest you.

Second is the per se law which states that you cannot drive with a blood alcohol level (BAC) of .08% or higher. If your blood tests above the legal limit, you will be arrested for a AL DUI, no matter what your driving ability is. In the state of Alabama you do not have to be driving the car to be arrested for a DUI offense. If you are simply in the control of a vehicle, even if it is not moving, you can be charged with drunk driving.

If you refuse a chemical test your license will be automatically suspended for at least 3 months (for first offense within 5 years.) It is argued that if you do refuse your test it can help you in criminal court. You will lose your license, but may help you beat your Alabama DUI charge and avoid much more costlier penalties.

Alabama DUI Arrests

If you’ve been arrested for DUI, Alabama DUI law allows only 10 days after your arrest for your DUI lawyer to make a request with the Alabama Department of Public Safety for a hearing to save your Driver’s License. Otherwise, your licenses will be automatically suspended. This is why you should contact an Alabama DUI lawyer ASAP when arrested for DUI in AL. The administrative licensing hearing does not deal with whether you are guilty of a criminal act, but instead addresses the circumstances surrounding your arrest such as:

• Was your arrest based on reasonable grounds?
• Did the officer request that you take a test?
• Were you made aware of the consequences if you refused or failed the test?
• Did you refuse or fail the test?
• Should your license be suspended or revoked?

Alabama DUI Criminal Penalties

If you are convicted of an Alabama DUI there is a broad range of penalties you can face. Much of this relies on your previous DUI convictions in the past 5 years:

First time Alabama DUI Penalties

• Up to $2,100 in fines
• Up to 1 year in jail, with no minimum sentence ( no jail time possible)
• Alcohol assessment and evaluation
• Possible alcohol treatment program
• Loss of your Drivers License for a Minimum of 90 days

Second time Alabama DUI Penalties

• Up to $5,100 in fines
• 5 days-1 year in jail
• 30 days of community service
• Loss of your drivers license for a minimum of 1  year

Third time Alabama DUI Penalties

• Up to $10,100 in fines
• 60 days to 1 year in jail
• Loss of your drivers license for a minimum of 3 years
• Court Ordered Alcohol Treatment Program

Fourth time Alabama DUI Penalties

• Considered a Class C Felony
• Up to $10,100 in fines
• 1-10 years in jail
• Loss of Drivers License for 5 years
• Court Ordered Alcohol Abuse Program

  Reinstating your driver’s license when all is said and done will cost $275.

Many of these penalties (which can also include an installation of an ignition interlock device in your car) are negotiable upon a guilty plea and/or the expertise of an Alabama DUI Lawyer. Not only can a DUI lawyer help negotiate the best deal with a guilty plea, but it’s possible they can get you a not guilty sentence if your rights were violated at the time of your Alabama DUI arrest. Many AL DUI lawyers offer free consultations to discuss the unique circumstances of your case.

Alabama DUI Insurance Costs

If you are convicted of an Alabama DUI, more often than not, your insurance company will find out about the DUI and will deal with you in one of two ways. Typically, your rates will go up, sometimes substantially, or, the company will simply cancel your policy. If your insurance company raises your premiums but keeps you as an insured, you will likely be labeled a “high-risk driver.” You may be required by the insurance company to provide the Alabama DMV with an SR-22 Proof of Insurance Certificate, which removes your license suspension by providing the state with proof that you are insured.

Obtaining a Hardship License in Alabama

Alabama does not offer a hardship license if your license has been suspended or revoked. This means you will not be given special permission to drive to and from work or to drive on the job.