Charged with DUI. Now What?

A DUI charge is just that: a charge. The prosecutors have to establish:

    1. The officer’s stop was valid;
    2. The person charged was operating the motor vehicle;
    3. The officer observed and concluded that alcohol or intoxicants were involved and that caused the driver to be less mentally and physically coordinated; and
    4. The arresting officer believed the driver was not able to operate the vehicle because of the insobriety.

After these are proven, the person charged must present a defense.

An attorney is essential if you or someone you know was recently charged with DUI in Alabama. Do not risk the consequences without the help of an attorney.

The Charge

There are 5 grounds an officer can charge a DUI in Alabama:

  1. Blood Alcohol Content of .08% or more
  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 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.

The penalties for DUI depends on whether it is the first or a subsequent conviction. There are other things that are considered, such as whether a child was in the car or if someone was injured. For the ordinary DUI where no one was injured, the following guidelines apply.

First Conviction
    • Fine: $600 – 2,000
    • Jail: up to one year
    • Optional interlock device installed for 90 days or suspend driver’s license for 90 days.
Second Conviction
    • Fine: $1,100 – 5,100
    • Jail: up to one year, but mandatory 30 days or 30 days community service
    • Driver’s license suspended for 1 year
    • Mandatory interlock device installed for 2 years on their vehicle, once driving privileges reinstated.
Third Conviction
    • Fine: $2,100 – 10,100
    • Jail: up to one year, but mandatory 60 days
    • Driver’s license suspended for 3 years
    • Mandatory interlock device installed for 3 years on their vehicle, once driving privileges reinstated.
Fourth Conviction

Fourth and subsequent convictions are Class-C Felonies.

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