It’s never a good idea to get behind the wheel if you’re intoxicated. Doing so is very dangerous and can lead to serious consequences.
However, it’s possible to be wrongfully arrested for a DUI. There are serious implications that go along with a DUI arrest, so if this happens to you, it’s important to fight to clear your name right away.
Here’s what you need to know about an Alabama DUI:
A DUI Isn’t Just for Alcohol
It is unlawful to operate a motor vehicle in the state of Alabama if you:
- Have a blood alcohol concentration (BAC) of 0.08% or higher, or
- Are under the influence of drugs, alcohol, or any impairing substance—or combination thereof—to a level that makes you incapable of safely operating a vehicle.
If you are driving a commercial vehicle, the BAC threshold is diminished to 0.04% or more. If you are under the age of 21, you may not operate a vehicle with a BAC of 0.02% or more. Although, if you are under 21, you are not subject to the same consequences as an adult over 21, but you may have your license suspended for 30 days and you’ll need to go through substance abuse treatment.
Actual Physical Control
Your car doesn’t have to be moving for you to get arrested for a DUI in Alabama. Anyone who is in “actual physical control” of the vehicle can get a DUI.
According to the Code of Alabama, 1975, section 32-5A-191(a)(1), “(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.”
If you’d like to calculate your estimated BAC, you can use the BAC Calculator provided by the American Addiction Centers.
Alabama DUI Consequences
The legal consequences of a DUI in Alabama are largely based on the situation of the case. Below, you’ll find a rough guide of potential sentences for a first, second, or third DUI in Alabama.
Certain situations may warrant a minimum jail sentence to be served instead through community service. It may also be feasible to receive a restricted IID license during a portion of the suspension or revocation time period.
If you are convicted of a DUI in Alabama, you’ll need to obtain a substance-abuse evaluation and finish all court-ordered treatment for probation and license reinstatement.
Implied Consent
If you are arrested for a DUI in Alabama, the state’s implied consent laws require that you yield to a urine, blood, or breath test. If you are placed under arrest and you decline an officer’s request for a breath test, your license will automatically be suspended for 90 days. If you’ve refused testing within the last five years, your license will automatically be suspended for one year.
Even if your criminal charges are dropped, your license may still be suspended for refusing to take a test. Furthermore, this refusal can be used against you at trial.
We’re Here to Help
If you’ve been arrested for a DUI offense, you should take it very seriously and take action right away. Having a criminal record can disturb your life for quite a while after you’ve paid your dues to society. At Revill Law Firm, we have helped many other people in similar situations clear their names, and we may be able to help you, too. Don’t delay—contact a DUI Lawyer in Birmingham, AL right away with any questions you may have.
Call Revill Law Firmtoday at (205) 928-6544 to speak with an accomplished Birmingham attorney about your case.