Alabama Drink Driving Law
In common with many other States, a DUI arrest in Alabama will lead to two cases being brought against the defendant, a criminal case and a Department of Public Safety case. If you have been arrested for DUI in Alabama, you have only 10 days in order to apply for a hearing at the Department of Public Safety in order to retain your driver's license. It is therefore essential that you contact an Alabama DUI lawyer as soon as possible.
Charges for DUI in Alabama can be brought under either, or both, the doctrine of being under the influence of alcohol or drugs whereby the defendant's mental or physical capabilities are impaired, affecting the defendant's ability to drive. The second recourse of action is to Blood Alcohol Concentration, currently set at 0.08%, under which the defendant can be charged regardless of whether or not the person is impaired. This method is based on body chemistry rather than how the vehicle in question was actually being driven.
Under Alabama DUI law, it is not necessary for the defendant to have been physically driving the vehicle at the time of arrest. As Alabama practices “actual physical control”, it is enough to be drunk in a car - thus is perfectly possible to be arrested under DUI law in Alabama for simply sitting on the back seat drunk.
Should you refuse to take a test, whether blood, breath or urine, your license is revoked for a period of 90 days with no possibility of a restricted license during that time. In your criminal case, the fact you refused to take a test will be used against you by the prosecution as evidence of guilt. With a good Alabama DUI lawyer, these accusations can be rebuffed, as there are several reasons why an innocent person would refuse to take such tests.
| Conviction | Punishment |
| First | As a misdemeanor, the first conviction carries a 1 year jail term, plus a fine between $600 and $2,100, 90 suspension of driving privileges and compulsory attendance of a substance abuse program |
| Second* | A second offence within 5 years carries a maximum jail sentence of 1 year, a fine between $1,100 and $5,100, 1 year suspension of license and a court ordered treatment program. |
| Third | A third offence with the lifetime of the defendant is also a misdemeanor with a jail term of up to 1 year, a fine between $2,100 and $10,100, 5 year suspension of driver's license and compulsory attendance of an alcohol treatment program. |
| Fourth | A fourth offence, and subsequent offences, is a class-c felony which may result in 10 years incarceration, a fine between $4,100 and $10,100, a 5 year license suspension and attendance of a court approved substance program. |
*If a second offence occurs 5 years after the initial offence it will be treated as a first offence.
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