Brought to you by Colorado DUI Drunk Driving Defense

Huntsville DUI Lawyers

1. Segal & Segal: UNLESS YOU TAKE ACTION NOW YOU MAY LOSE YOUR LICENSE AND MORE. If you are convicted of DUI, the penalties could be enormous! * Jail time (local or state prison) * Hefty court fines * Driver's license suspension, revocation or cancellation * DUI drinking-driver program Driving Under the Influence Attorneys Each year about 40% of all traffic related deaths are a result of DUIs (driving under the influence). Law enforcement agencies have taken many measures to prevent drivers from stepping into a vehicle and driving drunk. In addition to imposing tougher penalties, law enforcement has increased the number of sobriety checkpoints, community education programs and the amount of officers they have patrolling the streets. This is part of a major effort to crackdown hard against drunk drivers throughout all of Alabama. When a person drives with a BAC (blood alcohol concentration) of 0.08% or above, they can be charged with DUI. BAC is measured by a breath test or a blood test in Alabama. The first thing a officer will typically do when he or she suspects DUI is to perform field sobriety tests along with the BAC test. Although you do have the right to refuse both types of tests, refusing a breath test will result in the automatic suspension of your license. Once arrested,your driving privilege will typically be suspended and in order to continue to drive you must schedule a DMV Hearing and challenge the DUI charges you face with t.he Department of Motor Vehicles.
2. Ables, Baxter, Parker & Hall: Divorce Administrative Hearings & Adjudication Adoption Alimony & Spousal Support Animal Bites -- Defense Animal Bites -- Plaintiff Arbitration Assault & Battery -- Defense Assault & Battery -- Plaintiff Aviation Accidents -- Defense Aviation Accidents -- Plaintiff Bad Faith Banking & Finance Law Bankruptcy Law Bankruptcy Litigation Business & Commercial Law Business Organizations Business Successions Child Support Childrens' Rights Closely Held Businesses Collections & Repossessions Commercial Bankruptcy Commercial Banks Commercial Insurance Commercial Leasing Commercial Real Estate Complex Litigation Condemnation Condominiums & Cooperatives Construction Contracts Construction Law Construction Liens Consumer Bankruptcy Consumer Protection Contracts Conveyancing Copyrights Corporate Taxation Creditors' Rights Criminal Fraud Criminal Law Custody & Visitation DUI/DWI Debt Discharge Debtor/Creditor Defamation & Privacy -- Defense Defamation & Privacy -- Plaintiff Directors' & Officers' Liability Insurance Dissolution Domestic Violence & Neglect Drug Violations Elder Law Eminent Domain Employee Retirement Income Security Act (ERISA) -- Employer Employment Contracts -- Employer Employment Law -- Employer Errors & Omissions Insurance Estate & Gift Taxation Estate Administration Estate Planning Excise Taxes Family Law Federal Felonies Fidelity, Guarantee & Surety Foreclosures Formation & Business Planning Franchising Garnishment Grand Jury Proceedings Guardianships & Conservatorships Income Taxation Insurance Law Insurance Malpractice Insurance Subrogation Intellectual Property Law Juvenile Crimes Juvenile Law Land Use & Zoning Landlord/Tenant Lending & Secured Transactions Life & Health Limited Liability Companies Litigation & Appeals Living Wills Loan Workouts Misdemeanor Mortgages & Foreclosures Motor Vehicle Motor Vehicle Accidents -- Defense Motor Vehicle Accidents -- Plaintiff Parole & Probation Partnerships Paternity Personal Injury -- Defense Personal Injury -- Plaintiff Powers of Attorney and Appointment Premises Liability -- Defense Premises Liability -- Plaintiff Prenuptial Agreements Probate & Estate Administration Property & Casualty Property (Ad Valorem) Taxes Property Damage -- Defense Property Damage -- Plaintiff Prosecution Public Finance RICO Act Railroad Accidents -- Defense Railroad Accidents -- Plaintiff Real Estate Law Reinsurance Reorganizations Reorganizations & Restructuring Residential Real Estate Sales & Use Taxes Secured Transactions Sex Offenses Shareholders' Rights Slip and Fall -- Defense Slip and Fall -- Plaintiff Social Security -- Disability Social Security -- Retirement & Survivors Benefits State Appellate Practice State Trial Practice Taxation Law Title Insurance Trade Secrets Traffic Violations Transactions Trusts US Supreme Court Uniform Commercial Code Victims' Rights Wage & Hour Laws -- Employer Warranties White Collar Crimes Wills Workers' Compensation Appeals Workers' Compensation Defense Workers' Compensation Law Workouts Wrongful Death -- Defense Wrongful Death -- Plaintiff Wrongful Termination -- Employer
3. Tuten, Robert: Mention DUI Defenders and get up to 10% discount. (Some firms may not honor this offer)
4. Foley, James: * Criminal Defense * Drug Offenses * DUI * Drug Court Cases * Diversion Programs
5. Price & Flowers: In Alabama a person may be charged with Driving Under the Influence (DUI) if he is found to be in actual physical control of a motor vehicle while: (1) there is 0.08% or greater of alcohol in his blood, (2) under the influence of alcohol, (3) under the influence of a controlled substance, (4) under the combined influence of alcohol and a controlled substance, or (5) under the influence of any substance which impairs mental or physical faculties. ¤32-5A-191(a)(1)-(5), Code of Ala. 1975. Many people labor under the mistaken belief that they have to be driving a vehicle to be charged with DUI. However, to be charged with DUI, a person need only be in actual physical control of a motor vehicle. Actual physical control is the exclusive physical power, and present ability, to operate, move, park, or direct whatever use or nonuse is to be made of a motor vehicle at the moment, as determined by the totality of the circumstances. (Adams v. State, 585 So.2d 161 (Ala. 1991)). For instance, a person who meets one of the above conditions and who is asleep in, or simply sitting in, a motor vehicle may be guilty of DUI. There are several occasions when individuals will be held to a higher standard than those conditions stated above. As part of the deterrence to underage drinking a person under the age of 21 may not be in actual physical control of a motor vehicle with a blood alcohol level of 0.02% or greater. An under-aged individual (under 21) convicted, or adjudicated guilty of DUI with a blood alcohol level between 0.02% and 0.08% on a 1st offense DUI will have his drivers license suspended for a minimum of 30 days in lease of as any other punishments imposed by the court. ¤ 32-5A-191(b), Code of Ala. 1975. The penalties are more severe if the under-aged individual had a blood alcohol content of over .08%. Furthermore, a person who is operating a school bus or a day care vehicle is prohibited from operating a vehicle while there is 0.02% or greater of alcohol by weight in his blood. If a person is convicted under this section, in addition to any other penalties, he shall have his driverŐs license suspended for a minimum of 1 year. ¤ 32-5A-191(c), Code of Ala. 1975. The penalties for DUI have increased dramatically in the past few years. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on the number of prior DUI offenses. The first DUI conviction in a personŐs lifetime is a misdemeanor. Upon conviction the defendant may be given a sentence of up to 365 days in the county or municipal jail and a fine between $600 and $2,100. The defendant will also be ordered to attend a court approved substance abuse program and he will have his driverŐs license suspended for 90 days. ¤ 32-5A-191(e), Code of Ala. 1975. If a person has only one prior DUI, and the day that he is convicted of his second DUI is more than 5 years after the date of conviction for his first DUI, he will be sentenced within the range of punishment as a first offender. However, if the second DUI conviction is within 5 years of the first conviction he will be punished as a second offense. A second DUI is a misdemeanor with a jail term of no less than 48 hours and up to 365 days in the county or municipal jail. A court may allow a defendant to perform 20 days of community service in lieu of the required 48 hours imprisonment. On a second conviction the accused will be fined between $1,100 and $5,100, his license will be suspended for 1 year, and he will be required to attend a court ordered treatment program. ¤ 32-5A-191(f), Code of Ala. 1975. A third DUI conviction within a personŐs lifetime is also a misdemeanor. Upon conviction he will be sentenced to no less than 60 days and no more than 1 year in the county or municipal jail. The accused shall be fined between $2,100 and $10,100, have his driverŐs license suspended for 3 years and shall be required to complete a court ordered alcohol treatment program. ¤ 32-5A-191(g), Code of Ala. 1975. The fourth, or subsequent, DUI is a Class C felony. A person convicted of felony DUI will be sentenced to no less than one year and one day and no more than 10 years imprisonment. He will be fined between $4,100 and $10,100 dollars, and have his driverŐs license suspended for 5 years. The accused will also be required to attend a court approved substance program. ¤ 32-5A-191(e), Code of Ala. 1975. ¤ 32-5A-191(h), Code of Ala. 1975 A person considering their options in a DUI case should also be aware that in the spring of 1999 the legislature passed AlabamaŐs first child enhancement amendment for DUI cases. This amendment doubles the minimum punishments if a person over the age of 21 is convicted of DUI and, at the time of the stop, they had a child under the age of 14 in the vehicle. ¤ 32-5A-191(n), Code of Ala. 1975. If individuals are arrested for DUI and driving a commercial vehicle, special rules apply. The blood alcohol limit is .04%. We also have a law concerning boating under the influence of alcohol and/or a controlled substance. The Ňlegal limitÓ on the water of this state is at .08% blood alcohol.
6. Payne, Robert: When facing a criminal law matter, hiring an experienced attorney can be intimidating, but it is the most significant choice you can make. It is vital to establish your defense immediately upon learning of the case or possible cases, against you.
7. Hess & McMurtrie: Anyone who is charged with driving under intoxication (DUI) should waste no time in hiring a lawyer. An experienced DUI / DWI defense attorney can answer your questions, protect your rights, and begin work immediately on your behalf.
8. Jake Watson: Summary
   
   In Alabama, a person is considered under the influence of alcohol if their blood alcohol exceeds 0.08 percent. For a person under the age of 21, this level is reduced to .02 percent.
   
   First Offense
   
   Punishment: Fine between $600 and $2,100 and jail not to exceed 1 year. Mandatory 90 day suspension of license.
   
   Second Offense
   
   Within a five year period of the first offense, fine between $1,100 and $5,100, jail not to exceed 1 year. Mandatory 5 day jail sentence or 30 day community service. Mandatory 1 year suspension of license.
   
   Third Offense
   
   Fine between $2,100 and $10,100, jail between 60 days and 1 year mandatory. Mandatory 3 year suspension of license.
   
   Forth & Subsequent Offenses
   
   Class C felony, fine between $4,100 and $10,100, jail between 1 year and 1 day and 10 years. Minimum 10 days in county jail and the remainder may be suspended under certain conditions.
   
   Section 32-5A-191
   
   Driving while under influence of alcohol, controlled substances, etc.
   
   (a) A person shall not drive or be in actual physical control of any vehicle while:
   
   (1) There is 0.08 percent or more by weight of alcohol in his or her blood;
   
   (2) Under the influence of alcohol;
   
   (3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving;
   
   (4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or
   
   (5) Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.
   
   (b) A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is .02 percentage or more by weight of alcohol in his or her blood. The Department of Public Safety shall suspend or revoke the driver's license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection. Notwithstanding the foregoing, upon the first violation of this subsection by a person whose blood alcohol level is between .02 and .08, the person's driver's license or driving privilege shall be suspended for a period of 30 days in lieu of any penalties provided in subsection (e) of this section and there shall be no disclosure, other than to courts, law enforcement agencies, and the person's employer, by any entity or person of any information, documents, or records relating to the person's arrest, conviction, or adjudication of or finding of delinquency based on this subsection.
   
   All persons, except as otherwise provided in this subsection for a first offense, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection shall be fined pursuant to this section, notwithstanding any other law to the contrary, and the person shall also be required to attend and complete a DUI or substance abuse court referral program in accordance with subsection (i).
   
   (c) A school bus or day care driver shall not drive or be in actual physical control of any vehicle while in performance of his or her duties if there is greater than .02 percentage by weight of alcohol in his or her blood. A person convicted pursuant to this subsection shall be subject to the penalties provided by this section except that on the first conviction the Director of Public Safety shall suspend the driving privilege or driver's license for a period of one year.
   
   (d) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a controlled substance shall not constitute a defense against any charge of violating this section.
   
   (e) Upon first conviction, a person violating this section shall be punished by imprisonment in the county or municipal jail for not more than one year, or by fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or by both a fine and imprisonment. In addition, on a first conviction, the Director of Public Safety shall suspend the driving privilege or driver's license of the person convicted for a period of 90 days.
   
   (f) On a second conviction within a five-year period, a person convicted of violating this section shall be punished by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand one hundred dollars ($5,100) and by imprisonment, which may include hard labor in the county or municipal jail for not more than one year. The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days or community service for not less than 30 days. In addition the Director of Public Safety shall revoke the driving privileges or driver's license of the person convicted for a period of one year.
   
   (g) On a third conviction, a person convicted of violating this section shall be punished by a fine of not less than two thousand one hundred dollars ($2,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment, which may include hard labor, in the county or municipal jail for not less than 60 days nor more than one year, to include a minimum of 60 days which shall be served in the county or municipal jail and cannot be probated or suspended. In addition, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of three years.
   
   (h) On a fourth or subsequent conviction, a person convicted of violating this section shall be guilty of a Class C felony and punished by a fine of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment of not less than one year and one day nor more than 10 years. Any term of imprisonment may include hard labor for the county or state, and where imprisonment does not exceed three years confinement may be in the county jail. Where imprisonment does not exceed one year and one day, confinement shall be in the county jail. The minimum sentence shall include a term of imprisonment for at least one year and one day, provided, however, that there shall be a minimum mandatory sentence of 10 days which shall be served in the county jail. The remainder of the sentence may be suspended or probated, but only if as a condition of probation the defendant enrolls and successfully completes a state certified chemical dependency program recommended by the court referral officer and approved by the sentencing court. Where probation is granted, the sentencing court may, in its discretion, and where monitoring equipment is available, place the defendant on house arrest under electronic surveillance during the probationary term. In addition to the other penalties authorized, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of five years.
   
   Any law to the contrary notwithstanding, the Alabama habitual felony offender law shall not apply to a conviction of a felony pursuant to this subsection, and a conviction of a felony pursuant to this subsection shall not be a felony conviction for purposes of the enhancement of punishment pursuant to Alabama's habitual felony offender law.
   
   (i) In addition to the penalties provided herein, any person convicted of violating this section shall be referred to the court referral officer for evaluation and referral to appropriate community resources. The defendant shall, at a minimum, be required to complete a DUI or substance abuse court referral program approved by the Administrative Office of Courts and operated in accordance with provisions of the Mandatory Treatment Act of 1990, Sections 12-23-1 to 12-23-19, inclusive. The Department of Public Safety shall not reissue a driver's license to a person convicted under this section without receiving proof that the defendant has successfully completed the required program.
   
   (j) Neither reckless driving nor any other traffic infraction is a lesser included offense under a charge of driving under the influence of alcohol or of a controlled substance.
   
   (k) Except for fines collected for violations of this section charged pursuant to a municipal ordinance, fines collected for violations of this section shall be deposited to the State General Fund; however, beginning October 1, 1995, of any amount collected over two hundred fifty dollars ($250) for a first conviction, over five hundred dollars ($500) for a second conviction within five years, over one thousand dollars ($1,000) for a third conviction within five years, and over two thousand dollars ($2,000) for a fourth or subsequent conviction within five years, the first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter, the second one hundred dollars ($100) of that additional amount shall be deposited in the Impaired Drivers Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and the remainder of the funds shall be deposited to the State General Fund. Fines collected for violations of this section charged pursuant to a municipal ordinance where the total fine is paid at one time shall be deposited as follows: The first three hundred fifty dollars ($350) collected for a first conviction, the first six hundred dollars ($600) collected for a second conviction within five years, the first one thousand one hundred dollars ($1,100) collected for a third conviction, and the first two thousand one hundred dollars ($2,100) collected for a fourth or subsequent conviction shall be deposited to the State Treasury with the first one hundred dollars ($100) collected for each conviction credited to the Alabama Chemical Testing Training and Equipment Trust Fund and the second one hundred dollars ($100) to the Impaired Drivers Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and depositing this amount in the general fund of the municipality, and the balance credited to the State General Fund. Any amounts collected over these amounts shall be deposited as otherwise provided by law. Fines collected for violations of this section charged pursuant to a municipal ordinance, where the fine is paid on a partial or installment basis, shall be deposited as follows: The first two hundred dollars ($200) of the fine collected for any conviction shall be deposited to the State Treasury with the first one hundred dollars ($100) collected for any conviction credited to the Alabama Chemical Testing Training and Equipment Trust Fund and the second one hundred dollars ($100) for any conviction credited to the Impaired Drivers Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and depositing this amount in the general fund of the municipality. The second three hundred dollars ($300) of the fine collected for a first conviction, the second eight hundred dollars ($800) collected for a second conviction, the second one thousand eight hundred dollars ($1,800) collected for a third conviction, and the second three thousand eight hundred dollars ($3,800) collected for a fourth conviction shall be divided with 50 percent of the funds collected to be deposited to the State Treasury to be credited to the State General Fund and 50 percent deposited as otherwise provided by law for municipal ordinance violations. Any amounts collected over these amounts shall be deposited as otherwise provided by law for municipal ordinance violations. Notwithstanding any provision of law to the contrary, 90 percent of any fine assessed and collected for any DUI offense charged by municipal ordinance violation in district or circuit court shall be computed only on the amount assessed over the minimum fine authorized, and upon collection shall be distributed to the municipal general fund with the remaining 10 percent distributed to the State General Fund.
   
   (l) A person who has been arrested for violating this section shall not be released from jail under bond or otherwise, until there is less than the same percent by weight of alcohol in his or her blood as specified in subsection (a)(1) or, in the case of a person who is under the age of 21 years, subsection (b) hereof.
   
   (m) Upon verification that a defendant arrested pursuant to this section is currently on probation from another court of this state as a result of a conviction for any criminal offense, the prosecutor shall provide written or oral notification of the defendant's subsequent arrest and pending prosecution to the court in which the prior conviction occurred.
   
   (n) When any person over the age of 21 years is convicted pursuant to this section and a child under the age of 14 years was present in the vehicle at the time of the offense, the defendant shall be sentenced to double the minimum punishment that the person would have received if the child had not been present in the motor vehicle.
   
   (o) Any person convicted of driving under the influence of alcohol, or a controlled substance, or both, or any substance which impairs the mental or physical faculties in violation of this section, a municipal ordinance adopting this section, or a similar law from another state more than once in a five-year period shall have his or her motor vehicle registration for all vehicles owned by the repeat offender suspended by the Alabama Department of Revenue for the duration of the offender's driver's license suspension period, unless such action would impose an undue hardship to any individual, not including the repeat offender, who is completely dependent on the motor vehicle for the necessities of life, including any family member of the repeat offender and any co-owner of the vehicle.
9. Russell Crumbley:

   I BLEW OVER 0.08 – AM I AUTOMATICALLY GUILTY OF DUI?

   1. Absolutely Not!
   2. There are many ways to defeat a DUI. In fact, we prevail on a high percentage of our DUIs even with breath test results as high as .13 and .14. We do not consider this to be unusual at all.
   3. While it must be remembered that each and every case stands on it’s own set of facts a breath test result over 0.08 does not, automatically, make you guilty of DUI.
10. Price Law Firm: If your driver's license was taken on the night you were arrested, you should have received an 8" x 10" piece of paper known as Form 451-60. This is a temporary permit to drive and lasts for 45 days. At the end of the 45 days your license will be suspended unless you act NOW.