Getting arrested for a first-time offense DUI in Alabama comes with consequences similar to what you would receive in other states. With an Alabama DUI you can expect to face criminal charges and will be required to deal with the Department of Motor Vehicles due to either a suspension or revocation of your license due to driving under the influence. If you are arrested for drunk driving, it is very important for you to retain Alabama DUI legal counsel for your case as soon as possible. Having a lawyer on your side from the very beginning will help you to effectively document every fact in your case while the incident is still fresh, which in some case won't help your final outcome, but having all the facts will give you a better chance at a more positive result.

Alabama First Offense DUI Prosecution

If you are arrested for driving under the influence in the state of Alabama, there are two ways that you can be prosecuted. The first, and most commonly used method, is to prosecute you according to the level of impairment you were under due to the use of drugs or alcohol. When the driver is too impaired due to the use of drugs or alcohol to safely operate a motor vehicle, it is said that they are "under the influence" of those substances. The second method is done by blood alcohol content level, and is used when you are above the legal standard limit of 0.08%. Some drivers may not seem to be or feel to be impaired at 0.08%, however this is the legal standard designated by the law to not be exceeded while driving a motor vehicle. If you are over the legal limit you can be prosecuted simply by your blood alcohol test results even if you were still technically operating your vehicle safely.

Believe it or not, driving a vehicle isn't the only way you can get a DUI charge in the state of Alabama. If you display physical control of the vehicle and have the ability to operate it - even if you aren't operating it - these are grounds under the law for prosecution. So if you are drunk and fall asleep in your car to sober up or wait for someone to come and get you in your car that is parked in a parking lot, you can legally be charged with a DUI even if your keys are still in your pocket. This is just one of the reasons why you should immediately contact an Alabama DUI lawyer as soon as you can after being charged. A qualified and experienced Alabama DUI lawyer will help you to document your case and then be able to effectively represent you in court. By retaining an Alabama DUI lawyer, you will also be able to call on any expert witnesses to support your case that you might not have known about otherwise. When in court, these experts can testify and make a huge difference to your case that could really help your end result.

Understanding Alabama DUI Chemical Test Submission Refusals

If you flat out refuse to take a blood alcohol chemical test, your case will have to be handled differently by the defense. You have the right to refuse, however Alabama DUI law states that a refusal to a chemical test by blood, urine or breathalyzer, results in an automatic 90-day driver's license suspension whether you end up being guilty of DUI in court or not. You cannot apply for a restricted license during this 90-day period, even as a means to go to work, attend medical appointments or make other important appointments or events simply because you refused to take the test. When you refuse to take the chemical test, you put everything in your life on hold, especially if you have outside responsibilities such as employment and taking care of your family. Your court case can also hit some roadblocks as a result of your refusal to submit to chemical testing, and the prosecutor will suggest to the court that your refusal is your admission of guilt, proof that you knew you were under the influence. If you hire an experienced and knowledgeable DUI lawyer in Alabama, you will have someone on your side that knows the legal process and means to refute these claims made by the prosecution in court.

Learning About Alabama First Offense DUI Penalties

If you have had other DUI convictions in the past - even in other states - the number of penalties that can be imposed upon you in Alabama are increased. If this isn't your first offense, your past will also determine if the current offense is considered a felony or a misdemeanor. If you have a clean record free of DUI offenses within the past 5 years, even if you have had DUIs before that, this new DUI will be considered a first offense. If you are convicted of a first offense DUI in Alabama, you can expect to receive a fine of $600-2100, a maximum 1 year sentence in jail, a 90-day suspension of your driver's license and mandatory participation in a court-ordered substance abuse program. The 5-year DUI period is known in Alabama as the "look back period." What these means is that if you had a DUI conviction back in 2002 and were charged with another DUI in 2009, that 2009 charge is considered by the court as your first offense because you didn't have any other DUI charges between the 2002 and 2009 charge. However, Alabama is strict on that being a five-year minimum buffer between DUI charges, because if you were charged with a DUI in June 2005 but were arrested again in March 2010, you are still under the full five year "look back period" and will be charged with a second offense. Of course, this "look back period" is only employed if the original DUI charge did not cause death or serious bodily injury to another person, then any new DUI charges after that five year period that also do not result in death or serious injury will be considered a misdemeanor offense in Alabama.