Brought to you by Colorado DUI Drunk Driving Defense

• Anniston
  • Payne & Crow: Defending the Accused
  • Turner & Miller:

    (Frequently Asked Questions)

    Q: What is the legal blood alcohol limit in Alabama?

    A: The “legal ” blood alcohol limit in Alabama (and most other states) is .08%. Therefore, if your blood alcohol content is .08% or greater while operating a motor vehicle you can be charged with “Driving Under the Influence” (“DUI”) (Alabama Code Section 32-5A-191).

    Q: Will I lose my license if I am convicted of “DUI”?

    A: If you are convicted, you will lose your license. On a first conviction it is a 90 day suspension. On a second conviction it is a 1 year revocation. On a third conviction it is a three year revocation!

    Q: What are the penalties for DUI conviction?

    A:If you are charged with a First Offense DUI in Alabama, you are facing the following maximum penalties:

    • Up to ONE YEAR IN JAIL
    • 90 day license suspension
    • Up to a $2,100 fine
    • Court Costs
    • Mandatory completion of DUI school

    For a Second Offense DUI in Alabama, you are facing the following maximum penalties:

    • Mandatory Minimum 5 days in jail, up to ONE YEAR IN JAIL
    • 1 year license revocation
    • Fine from $1,100.00 and up to a maximum fine of $5,100.00
    • Court Costs
    • Mandatory completion of DUI school

    For a Third Offense DUI in Alabama, you are facing the following penalties:

    • Mandatory Minimum 60 days in jail up to ONE YEAR IN JAIL
    • 3 year license revocation
    • Minimum$2,100.00 fine up to a maximum fine of $10,100
    • Court Costs
    • Mandatory completion of DUI school.

    The Fourth Conviction and all Subsequent Convictionsfor DUI are Class C Felonies, punishable by a term of imprisonment of at least ONE YEAR AND ONE DAY AND UP TO TEN YEARS! The minimum fine is $4,100 up to a maximum of $10,100. A fourth time offender shall have his license revoked for five full years!

    Q: If I lose my license, can I get a license to go to work?

    A: Unfortunately, Alabama does not have what are sometimes known as “work licenses ”. If you lose your license you cannot drive for any reason. That’s why it’s important to fight the DUI charge aggressively.

    Q: Do I have to take the Breath Test?

    A: Yes. In Alabama we have what is known as the 'Implied Consent Law.' That means that if you operate a motor vehicle in the State of Alabama you automatically consent to giving a breath test if specifically requested to do so by a Police Officer.

    Q: What happens if I refuse to take a breath test?

    A: Under Alabama’s implied consent law, if you refuse to take the breath test after being asked to do so by a Police Officer, your license will suspended for 90 days, in addition to any time that it is suspended for the DUI conviction.

    Q: How can I “beat” a DUI charge?

    A: Actually, there are many ways to “attack” a DUI or Refusal charge. The first is to challenge the “stop ” of your motor vehicle. To do this your attorney must thoroughly examine the details of the circumstances surrounding the “stop” of your car to determine whether the police officer followed all “constitutional guidelines” as set forth in the United States (federal) and Alabama (state) Constitutions and all “case law ” or prior cases similar to your particular case.

    Next, your attorney should examine what “observations ” the police officer made of you at the scene of the traffic stop. Did he smell the odor of alcohol? Did he note that your eyes were bloodshot and watery? Did you perform the Standardized Field Sobriety Test okay?

    Then, if you submitted to a breath test, your attorney must thoroughly examine the police paperwork or “Discovery ” to see if the Breathalyzer was working properly, if the police officer operating the machine was certified to do so, and if he/she operated the machine appropriately when you blew into it.

    These are only some of the many ways to challenge a DUI charge.

    Q: Should I retain an attorney for my DUI charge?

    A: Yes. Due to the severe penalties you are facing and the numerous and complicated laws relating to motor vehicles and DUI charges you should always retain an attorney. If you don’t, it will be very difficult and almost impossible to beat a DUI charge. The attorney should be experienced DUI law. Again, this is because laws relating to a DUI charge are many and are complicated. An experienced and knowledgeable attorney can present both legal and factual arguments to the court to help you win your case!

• Auburn
  • Collier Swecker: Our firm represents and advises clients who have been charged with driving under the influence. Such charges can have serious consequences. A conviction will result in fines and possibly land you in jail. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an under the influence or impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced attorney can make all the difference.
  • Walton Law Firm: The Sixth Amendment of the U.S. Constitution states that criminal defendants have a right to the assistance of counsel. Courts have interpreted this to mean that criminal defendants have a right to an attorney during all critical stages throughout the criminal process.
• Bay Minette
  • Doerr Law Firm: Driving under the influence (DUI) and driving while intoxicated (DWI) laws make it unlawful to operate a vehicle while 1) impaired by the effects of alcohol, illegal drugs, or prescription medication, or 2) intoxicated at a level beyond set DUI/DWI standards, such as blood-alcohol count (BAC). Many states carry "implied consent" laws requiring that licensed drivers submit to a chemical test if suspected of DUI or DWI. Costs and criminal penalties associated with DUI/DWI vary according to the circumstances of the offense, but license suspension, fines, and jail time are typical consequences.
• Daphne
  • Harbinson & Hoyt: If you are charged with an alcohol related charge in Alabama it is important that you speak with an attorney immediately to protect your rights and your future
• Birmingham
• Dothan
  • Matthew Lamere: Criminal law includes the entire criminal process beginning with investigation and arrest leading to conviction and sentencing. Several parties are involved in this process such as the accused, prosecuting attorneys, defense attorneys, judges, police officers, and witnesses. Persons suspected of or charged with a crime are granted fundamental rightsunder the Constitution, including the right to an attorney and a speedy jury trial. These rights protect the government's interest in punishing criminal behavior, while preserving individual freedoms characteristic of a free society.
  • Valerie Judah: If you are charged with Driving Under the Influence, your license will be suspended at the end of a 45 day period if you do not appeal within ten (10) days to the Alabama Department of Public Safety to request an Administrative Hearing.
  • Brian Blackwell: Failure to Appear: If you are not in Court on time, the Judge may issue a warrant for your arrest and you could be charged with another offense; (failure to appear). On late arrival you may be arrested and jailed until your next court date.
• Gadsen
  • Clark Hall: When the police tell you that you have the right to remain silent, exercise that right until you have the opportunity to speak with a lawyer.
• Gulf Shores:
  • Daniel Craven: The sobriety test of choice for most police agencies throughout the United States is the Intoxilyzer 5000. Most people probably agree with the law enforcement's enthusiasm towards this device. More than likely it's because they have the misconception that this device measures your blood alcohol level. In fact, it merely measures breath alcohol levels.
• Huntsville
• Jasper
  • Gustin & Royster: The consequences of a DUI conviction are severe, and they can stay with you for the rest of your life. Even a first offense can mean up to 12 months in jail, up to $2,000 in fines, loss of your driving privileges probation or jail time, and DUI schools.
  • Lisa Ivey: If you have been arrested or charged with drunk driving or another serious crime in Alabama, you need a serious criminal defense. Not only will this protect your rights, but it may also prevent an unnecessary driver license suspension or license revocation that will affect your driving ability and insurance rates far into the future.
• Loxley
  • John Cowling: If the driver opts to proceed to trial to challenge his speeding ticket both the driver and the prosecutor will present their evidence and case to the judge. The prosecutor will present the officer's testimony regarding the incident in question. The officer will be asked if he is certified in using the radar gun, if he tested the radar gun on the day in question, and if he calibrated the gun prior to its usage. If the officer is not certified or did not test the gun as generally required in most states, the radar gun evidence may be deemed inadmissible. However, even if the evidence is deemed inadmissible, the officer may be able to testify as to different methods that he also used to determine the driver's speed prior to issuing him a ticket.
• Mobile
• Montgomery
• Opelika
  • Lauderdale & Lauderdale: ...aggressively defends your rights in all areas of criminal law, including sex crimes, drug offenses, and DUI / DWI charges.
  • Dean & Barrett: The firm handles all types of criminal cases, from misdemeanors, including DWI/DUI, to the most serious felony charges, including murder, manslaughter, assault, drug/narcotics possession and sales, theft and grand larceny, white collar fraud, embezzlement, and sex offenses.
  • Swecker & Sparks: Such charges can have serious consequences. A conviction will result in fines and possibly land you in jail. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an under-the-influence or impaired-driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced Alabama DUI attorney can make all the difference.
• Pelham
  • Jim Pino: If you are arrested on Alabama DUI charges, there are two areas of concern. First, you need solid legal counsel to defend your rights and minimize the legal consequences, which can include jail, fines and a criminal record. Second, Mr. Pino can represent you in the administrative law proceedings to retain limited driving privileges. Jim Pino can help, whether it is your first arrest for driving under the influence or a felony drunk driving charge (fourth offense).
  • John McBrayer: Under Alabama law, the consequences of Driving Under the Influence (DUI) of alcohol or other substances has dramatically increased in the past few years. A fourth DUI offence is now punishable as a felony and usually carries with it a minimum sentence in the penitentiary. Even a first DUI offence has dire consequences, in that an individual will lose their driving privilege for ninety (90) days and their insurance will dramatically increase. Therefore, I recommend fighting any DUI charge to the best of your ability, which usually means hiring an attorney who has experience in this area.
• Pell City
  • Stephanie Bain: You should consult an attorney for individual advice regarding your own situation.
  • Joseph Kemp: If you have been charged with DUI, you may need legal representation in order to protect your constitutional rights.
• Prattville
  • Kristel Gibbons : Statutory DUI .08 or higher for non-CDL or bus drivers. Can be charged with DUI if under .08 if shown/proven alcohol/drugs so impaired driving. Can be felony if 4 or more DUIs are on record.
• Scottsboro
  • Patricia Lackey: If you are accused of DUI (Driving Under the Influence), the consequences may include fines, driver license suspension or revocation and jail time.¬İYour rights need to be protected! In this type of case experience can make the difference.
• Tarrant
  • Carlisle & Carlisle: Never go to court without an attorney on a driving under the influence charge.
• Tuscaloosa
• Unknown
  • Spence Singleton:

    The Dirty Dozen

    12 Common Mistakes You Might Make in Your  DUI Case in Alabama

    1. People have a natural tendency avoid dealing with anything unpleasant. Getting a DUI charge is unpleasant. Dont make the mistake of putting off getting professional help in handling the defense of your case!

    
    2.  Being thrust into the criminal court system for a DUI Offense is very nerve-racking and uncomfortable situation. A DUI can negatively affect your life for a very long time.  A DUI will definitely cause your automobile insurance to either be canceled or to be increased dramatically.  Many people do not realize that a DUI Conviction can affect your ability to obtain life insurance, your credit, your employment and lets not forget the obvious life change of being sent to jail, paying heavy fines and suffering other penalties...like the loss of your job..  Dont make the mistake of not taking the DUI charge seriously!

    
    3. Every case is different and must be treated as such.  There is no such thing a standard DUI defense or for any criminal charge.  A lawyer can not adequately prepare to defend a DUI case with little time to prepare a defense based upon the specific facts in your case.  The DUI charge must be examined and evaluated for the case strengths and weaknesses. A defense must be well thought out and built piece by piece, not thrown together. Dont make the mistake of waiting to hire a lawyer to help you in your DUI case.

    
    4. Please do not think of a DUI as just a traffic offense that can be worked out when you get to Court.  A DUI is a criminal offense with mandatory sentencing requirements passed by the Alabama State Legislator.  A charge of DUI can not be reduced down to any other charge. The prosecutor is going to use all of the legal tools allowed to convict you. Dont make the mistake of thinking the DUI charge is not serious!

    
    5. A wise man once said that, He whom represents himself has a fool for a client. Do not make the mistake of trying to represent yourself.

    
    6. The State of Alabama rules allow only ten (10) days after your arrest in which you can request an administrative hearing in order to keep your license until the case goes to Court.  The time allowed under this administrative rule is strict  and the procedures must be followed.  Dont make the mistake of allowing the time to pass to keep your license until your trial.

    
    7. This mistake is the one most often made.  Do not seek legal advise from anyone unless he or she is a lawyer trained in criminal defense and with extensive experience in handling DUI cases!

    
    8. Do not miss a Court date for any reason. Your failure to appear when ordered will result in a warrant being issued for your arrest and you will be held without bail until your next trial date. Dont make the mistake of not hiring a lawyer to protect your interests and keeping you advised of each step in the process!

    
    9. Do not think that a friend of a friend knows someone in the system who can make the DUI go away.  Dont make the mistake of believing that any criminal case, and a DUI in particular, is a good ole boy matter...it isnt!

    
    10. When pulled over by a law enforcement officer anything you say can and will be held against you when you go to Court.  The law only requires you to state your name, produce a drivers license, proof of insurance and the vehicles registration. You are not required to take any roadside tests. The heel-to toe and the finger-to-nose or any other test like them are not required to be taken. You cannot pass these tests and anything that you attempt to do will only be used as evidence against you. The only test required by Alabama Law is a test of your blood, breath or urine....after you have been arrested and advised of your rights under the Implied Consent Law.  Dont make the mistake of attempting to perform any tests on the side of the road or answering any questions about where you have been or how much you have had to drink! 

    
    11. If you are in an accident, do not think that any report to the insurance company is private.  What ever you tell the insurance agent may be used against you in Court. Dont make the mistake of filling out any reports or insurance claim form until you have contacted a lawyer!

    
    12. There are very real legal dangers involved when you speak to anyone about your case except your lawyer.  Anything you tell your lawyer is private and the lawyer cannot and will not break your confidence. Dont make the mistake of talking with anyone except your lawyer about your case!