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Alabama's DUI Guide |
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I just got arrested for a State of Alabama DUI charge. What happens now?
ISSUE ONE: The Alabama Implied Consent Proceeding: Your Alabama drivers license (or your right to drive in Alabama if you're not a Alabama licensed driver) was most likely suspended for anywhere from 90 days to five years for failing or refusing a chemical (breath, blood, or urine) test. This suspension is commonly known as an implied consent suspension. This suspension typically begins on the 45th day following your arrest.
If you would like to challenge your implied consent suspension, you or your attorney must make a written request for an administrative hearing with the Alabama Department of Public Safety. This request generally must be made within 10 days of the date of your arrest. Speak to your Alabama DUI lawyer for more information on this suspension and your right to challenge / appeal the suspension.
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ISSUE TWO:
The Alabama DUI Criminal Case: Separate from the implied consent suspension is the criminal charge
for driving under the influence (DUI).
In Alabama,
it is unlawful for any person
who drives or is in actual control of any vehicle while:
Important: The implied consent suspension proceeding and the DUI criminal case are completely separate from one another.
Will my Alabama driver license be revoked / suspended?
RELATED TO ISSUE ONE ABOVE: Your Alabama driver license (or your right to drive in Alabama if you do not have a valid Alabama license) may be suspended for 90 days or more for failing or refusing a breath blood or urine test depending on your DUI history.
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RELATED TO ISSUE TWO ABOVE: If you are convicted of the DUI charge, you will also lose your license (or your right to drive in Alabama if you don't have a valid Alabama license) for 90 days or more depending on your DUI conviction history. This suspension is separate the implied consent suspension. Speak to your Alabama DUI lawyer for possible suspension lengths for your situation.
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Also keep in mind that your license can be suspended or revoked for a variety of reasons unrelated to a DUI arrest or conviction e.g. excessive points.
What happens if I get caught driving while my license is suspended / revoked?
Driving while your Alabama license is suspended or revoked should be avoided as it is a new misdemeanor crime. Penalties include fines, jail time, and an additional license revocation. If you are convicted of driving while your license has been suspended, you face a fine, a jail sentence of not more than 180 days, and vehicle impoundment. Also, at the discretion of the Director of Public Safety, your license may be suspended for an additional six months.
I really need to drive. Will I be able to get a restricted / occupational / conditional / probationary permit?
A hardship / occupational permit is not available if your license is suspended pursuant to implied consent laws or a DUI conviction.
What is the difference between a DUI, DWI, OWI, OUI, etc.?
These terms are all acronyms that refer to the offense commonly known
as "drunk driving." Different states have different names for the
crime.
For example, in New Jersey the charge is known as DWI (driving while
intoxicated).
Alabama law refers to the terms dr
Is a DUI in Alabama a misdemeanor or felony charge?
In Alabama, a DUI is usually a misdemeanor crime. However, a fourth or subsequent DUI conviction in five years results in a felony conviction.
What type of penalties might I face if I am convicted of an Alabama DUI charge?
Upon conviction of an Alabama DUI offense, a defendant can receive a variety of penalties including alcohol / substance abuse treatment program. A range of penalties is set forth below:
Will my defense lawyer be able to plea bargain / negotiate my Alabama DUI charge down to another (lesser type) offense? Possibly. Plea bargaining is an area that any experienced Alabama DUI lawyer would discuss with the prosecutor on the client's behalf. Will an Alabama DUI go on "my driving record?" Yes. A DUI conviction will go on your Alabama driving record. You cannot expunge a DUI conviction in Alabama. Just how much jail / prison time will I have to do if I am convicted of a DUI in Alabama? The amount of incarceration (jail or prison) received will depend on a number of factors, including (but not limited to) the following: • your prior DUI history during the past five years (including any DUI's outside of Alabama); • your level of intoxication / BAC; • whether there was an accident involved; • whether there was bodily injury to another person in the collision; • which Alabama county or court your case is in; • what judge you are sentenced by; • whether there was a passenger / child in your car (especially a child under 14); • whether the judge feels you have accepted responsibility for your actions.
I am licensed to drive in a state other than Alabama and I was cited for a DUI in Alabama. Will my driver license be suspended? Alabama only has the authority to suspend your right to drive in the State of Alabama. However, Alabama and 44 other states and the District of Columbia have adopted an agreement known as the "Driver License Compact." Alabama will report a DUI conviction to the home state of the driver (assuming the home state has also adopted the Compact). Your home state will then generally take action to suspend your license. This also works in reverse. If you are a Alabama licensed driver and you are convicted of a DUI charge in another state, Alabama will suspend your license if it learns of the conviction. Will I have to install an Ignition Interlock Device on my car?
A ignition interlock device (IID) is a breath alcohol measurement device that is connected to a motor vehicle ignition. In order to start the motor vehicle, a driver must blow a breath sample into the device which then measures alcohol concentration. If the alcohol concentration exceeds the startup set point on the interlock device, the motor vehicle will not start.
Alabama is one of the few states not to require the installation of an IID following a DUI conviction. What will an Alabama DUI do to my insurability? If your insurance company finds out about your DUI one of two things are likely to happen. Either your Alabama insurer will raise your rates or you may be cancelled or non-renewed. Your insurance company will absolutely learn of your DUI if you have to file an SR-22 following a DUI conviction. What is an SR-22 / Financial Responsibility Insurance? An SR-22 is a form from an Alabama licensed insurance company certifying that you have purchased liability insurance that meets the minimum required coverage limits. The SR-22 provides proof to the State that you are insured. If you cancel your insurance or the insurance company cancels your policy before your suspension period is over, the company must notify the Secretary of State Department of Driver Services that the certificate is canceled. The SR-22 requirement must be maintained for at least three years following a DUI conviction. Are there special concerns for licensed pilots who get an Alabama DUI?
Yes. The FAA has special reporting requirements for certain Motor Vehicle Actions including Alabama DUI convictions and certain implied consent suspensions. Learn more here. I missed my Alabama court appearance. What do I do now? Failing to appear (FTA) for court should be avoided. When you miss court, bad things happen. At a minimum, the Alabama court typically issues a warrant for your arrest (known as a bench warrant). Talk to an attorney as soon as possible. Often, your only option is to turn yourself in on the outstanding warrant. A new court date will then be scheduled. Can I represent myself in court on my Alabama DUI and / or other criminal charge(s)? Yes. You have a constitutional right to represent yourself on any criminal charge no matter how serious including an Alabama DUI charge. Keep in mind that Alabama DUI defense is a complex area of the law as shown by the information here. If you cannot afford to hire your own attorney, you definitely should apply for court appointed counsel to represent you. You have no right to a court appointed lawyer at the implied consent license proceeding. Copyright 2010, 2009 |
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Websites, including this one, provide general Alabama drunk driving information but do not provide legal advice or create an attorney / client relationship. General information cannot replace legal advice specific to your case, problem, or situation. Consult qualified Alabama Drunk Driving - DUI - DWI lawyers / attorneys for advice about any specific problem or DUI charge that you have. Alabama attorneys are governed by the Alabama Rules of Professional Conduct. This website may be considered an advertisement for services under these Rules. Information contained in this website is believed to be accurate but is not warranted or guaranteed in any way. No lawyer associated with this website is specialized or certified in any way. Not board certified.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Alabama DUI lawyers provide drunk driving (DUI) and criminal defense assistance to the communities of: Birmingham-Hoover, Montgomery, Huntsville, Mobile, Tuscaloosa, Auburn, Jefferson County, Madison County, Mobile County, Montgomery County. Alabama lawyers may accept Visa, American Express, Discover, and MasterCard credit cards.
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