Charged with DUI. Now What?
Contact an Attorney, Immediately
It is essential to contact an attorney immediately after you are released. Do NOT wait until the week of court to hire an attorney. You can lose your license for 90 days, even before you go to trial.
Alabama law allows for Administrative Suspension of Driver Licenses if a person blows .08 or above or they refuse to blow. The officer who arrests the driver will take their license and give them a yellow copy of the form the officer turns in to the Alabama Law Enforcement Agency (ALEA). The form (AST-60) serves as a notice to the driver that their license is due to be suspended 45 days after it is issued, and it provides them with an opportunity to request a hearing. The form allows the person to drive, temporarily.
If you are charged with DUI and given the form, contact Michael Law Firm, today. Time is critical to protecting your license.
Elements of a DUI Charge
The prosecutors have to establish:
- The officer’s stop was valid;
- The person charged was operating the motor vehicle;
- The officer observed and concluded that alcohol or intoxicants were involved and that caused the driver to be less mentally and physically coordinated; and
- 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.
There are 5 grounds an officer can charge a driver with DUI in Alabama:
- Blood Alcohol Content of .08% or more
- Under the influence of alcohol
- Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving;
- Under the influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or
- 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.
- Fine: $600 – 2,000
- Jail: up to one year
- Optional interlock device installed for 90 days or suspend driver’s license for 90 days.
- 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.
- 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 and subsequent convictions are Class-C Felonies.