Alabama DUI Laws

Driving under the influence (DUI) is a serious crime in Alabama. Drivers who have been convicted of this crime may spend time in jail, pay hefty fines, and find their license suspended. If you have been arrested for drunk driving, do not be tempted to represent yourself in court. The laws are complicated and the penalties may be life changing. It is crucial that you hire a defense attorney with experience in DUI representation.

A DUI arrest in Alabama triggers two different cases. One is the criminal case and the other is a Department of Public Safety driver’s license cases.

The law allows only 10 days for a driver or attorney to request a hearing with the Alabama Department of Safety to save his or her license.

There are two premises under which DUI charges can be prosecuted. One charge can be brought against a driver who was under the influence of alcohol or drugs. If the driver was impaired by one, or both, of these substances, he or she can be convicted of DUI.

The other way in which a driver may be found guilty is if he or she violated Alabama’s per se laws. This law is based on the driver’s blood alcohol content (BAC). In Alabama, the limit is .08 percent or higher for drivers over the age of 21. This type of charge may be made whether or not the driver was actually impaired. This means it has nothing to with if the driver was acting in an unsafe manner – rather, it has everything to do with body chemistry.

Did you know that you can be arrested for DUI even if you were not driving a vehicle? Alabama is an “actual physical control” state, which means that just being in a car may be enough to get charged. For example, a person who is in no state to drive and decides to sleep it off in a car may be arrested for DUI.

A driver also faces penalties for refusing to take a breath test. A refusal carries with it a 90-day license suspension, and no chance at receiving a restricted license during this time. The prosecutor will use this refusal to prove guilt in court.

If you have been arrested for DUI in Alabama, and are interested in speaking to an experienced defense attorney in your area, please submit your case online now.