Drunk driving laws are getting stricter with every passing year, and the consequences more severe. In Alabama, a DUI / DWI arrest triggers both a criminal case and a Department of Public Safety administrative case. Because a DUI / DWI arrest can lead to fines, jail time, and driver’s license suspensions, anyone facing a drunk driving charge needs an Alabama DUI / DWI defense attorney protecting his or her rights.

Although both cases require expert legal help, the Department of Public Safety case is far more time-sensitive. Motorists arrested for DUI / DWI in Alabama have only 10 days from the date of arrest to request an administrative hearing that will determine the status of their drivers’ licenses. Motorists accused of drunk driving in Alabama can choose an experienced DUI / DWI criminal defense attorney from the comprehensive directories located at 1.800.NOT.DRUNK and www.NotDrunk.com

The criminal case triggered by an Alabama drunk driving arrest is comprised of two elements – driving under the influence, which is focused on whether the driver is physically and mentally impaired, and violating Alabama’s “per se” laws, which is another way of saying that the driver’s blood alcohol content (BAC) was .08 percent or greater.

The first element of an Alabama DUI / DWI offense focuses solely on whether the driver was impaired. Prosecutors use circumstantial evidence, such as the results of field sobriety tests and the arresting officer’s observations of the driver, to prove this allegation. Fortunately, all of this evidence is open to interpretation, and can be effectively challenged by a skilled Alabama drunk driving defense attorney.

The second element of an Alabama DUI / DWI prosecution – violating the state’s per se law, is largely proven through the driver’s BAC as indicated from a chemical test result.

Unfortunately, police can make an Alabama DUI / DWI arrest without actually seeing the motorist drive the car. Alabama is an "actual physical control" state, which means that under Alabama drunk driving law, just being in the car may be good enough for police. Actual physical control is the exclusive physical power, and present ability, to operate, move, park, or direct whatever use or nonuse is to be made of a motor vehicle at the moment, as determined by the totality of the circumstances. For instance, a person who meets one of the above conditions and who is asleep in, or simply sitting in, a motor vehicle may be guilty of DUI, DWI or drunk driving.

Alabama DUI law creates additional punishment and penalties for anyone that refused to take a chemical test of their blood, breath, or urine following a lawful arrest for drunk driving in Alabama. A refusal carries a 90-day driver’s license suspension, with no chance at a restricted license during that time. The prosecutor will also try to use a refusal as evidence in the criminal court case, arguing under Alabama DUI law that this is consciousness of guilt. A skilled Alabama DUI defense attorney will rebut these arguments, because there are many reasons why an innocent driver might refuse a chemical test.

Alabama DUI penalties have increased drastically in recent years. Whether the offense is a misdemeanor or a felony and the number of prior DUI or drunk driving convictions on the motorist’s record will determine the punishment he or she faces.

A FIRST-TIME DUI / DWI ARREST is a misdemeanor. The driver faces up to 365 days in jail and a fine of $600 to $2,100. The defendant will also be ordered to attend a court approved substance abuse program and will lose his or her driving privileges for 90 days.

Alabama’s "look-back" period for DUI laws is five years. This means that a driver with a prior DUI who is convicted of drunk driving more than five years after the first conviction will be sentenced as a first offender. However, if the second DUI conviction is within five years of the first conviction, it will be punished as a second offense.

A second DUI within five years of the first is a misdemeanor with a jail term of five to 365 days in jail. A court may allow a defendant to perform 30 days of community service in lieu of the required five days imprisonment. The driver will be fined $1,100 to $5,100, and his or her license will be suspended for one year. In addition, the driver will be required to attend a court ordered treatment program.

A third DUI conviction within a person's lifetime is a misdemeanor punishable by no less than 60 days and no more than 1 year in jail. The driver also faces a fine of $2,100 and $10,100, a three-year driver’s license suspension, and must complete a court-ordered alcohol treatment program.

The fourth DUI, or subsequent, DUI is a Class C felony. A person convicted of felony DUI will be sentenced to no less than one year and one day and no more than 10 years imprisonment. The driver also faces a fine of $4,100 and $10,100 and a five-year driver’s license suspension. The accused will also be required to attend a court approved substance program.

Other possible DUI / DWI punishments in Alabama include ignition interlock devices, which are breath-testing machines attached to the steering column of vehicles that prevent cars from being started or driven when there is any measurable amount of alcohol in the driver’s body.

Drunk driving is a very serious offense that requires top legal representation. Anyone arrested on suspicion of drinking and driving in Alabama should contact a lawyer at once. To locate a qualified local Alabama DUI / DWI defense attorney, call 1.800.NOT.DRUNK for a free consultation.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.