A Birmingham driving under the influence (DUI) charge is much more than a simple traffic violation. The penalties for drunk driving are serious, and may include jail time, probation, and the loss of driving privileges—even for a first offense! If you are facing Alabama DUI penalties, you should seek out the legal counsel of an experienced DUI defense attorney as soon as possible.
In Alabama, the legal blood alcohol content (BAC) limit for drivers over the age of 21 is .08%. Even if your driving was not impaired by the consumption of alcohol, testing over this limit is all that is needed to be considered “per se” intoxicated and arrested for DUI. However, testing over the legal limit does not necessarily mean you will be convicted—an experienced attorney may be able to have your charges reduced or even dropped altogether. You may face two separate cases in Alabama if your BAC is over the legal limit: civil and criminal. After failing a breathalyzer test, the Department of Motor Vehicles (DMV) may issue an automatic administrative license suspension. This suspension occurs whether or not you are found guilty in criminal court. For a first offense, you license may be suspended for 90 days. For a second offense, you may lose your license for one year, while a third offense will result in a three-year suspension. An experienced DUI defense attorney may fight for your license or be able to get you a conditional license, which would allow you to drive to and from work and other necessary locations. Did you know that your license can be suspended even if you did not take a BAC test? Alabama’s Implied Consent laws make it a crime to refuse to take a chemical test if suspected of DUI. The penalty for this violation includes a one-year administrative license suspension. The criminal penalties for driving under the influence may include jail time, probation, hefty fines, community service, and a driver’s license suspension. The judge may also order you to attend alcohol education classes or complete mandatory alcohol evaluation and treatment. Your insurance rates may also be affected if convicted of drinking and driving. Labeling you “high risk,” your insurance provider may raise your rates substantially or decide to cancel your policy. As you can see, the stakes for a Birmingham DUI are quite high. During this time, you need an experienced defense attorney on your side. The Whitney B. Polson DUI Defense Office can help with your pending DUI case. For a case evaluation, please fill out our online form today and a skilled DUI defense attorney will contact you shortly to answer any questions you may have.