Overview.
In Alabama a person is
considered to be driving under the influence when;
1.) There is 0.08 percent or more by weight of
alcohol in his or her blood; 2) he or she is under
the influence of alcohol; 3.) he or she is under the
influence of a controlled substance to a degree
which renders him or her incapable of safely
driving; 4.) he or she is under the combined
influence of alcohol and a controlled substance to a
degree which renders him or her incapable of safely
driving; or 5.) he or she is under the influence of
any substance which impairs the mental or physical
faculties of such person to a degree which renders
him or her incapable of safely driving.
DUI charges generally stem from a person who is
driving under the influence of alcohol; however, any
prescription drugs that you take before or during
the operation of your motor vehicle that can impair
your operating skills may also result in a driving
under the influence charge. DUI’s can adversely
affect the convicted person’s life in several ways
such as; fines, jail time, loss of driving
privileges, the ability to acquire or maintain a
job, etc. In Alabama DUI’s have a step-up punishment
scale that is as follows:
1st Drunk Driving Conviction
- Imprisonment – Up to 1 Year or,
- Fine – From $600 to $2,100 or Both
-
License Suspension – 90 DaysCriminal solicitation to commit controlled
substance crime.
2nd Drunk Driving Conviction
- Imprisonment – Up to 1 Year
- Jail – Mandatory Minimum of 5 Days or,
- Community Service – Minimum of 30 Days
- Fine – From $1,100 up to $5,100
- License Suspension – 1 Year
3rd Drunk Driving Conviction
- Imprisonment – From 60 Days to 1 Year
- Jail – Mandatory 60 Days
- Fine - $2,100 - $10,000
- License Suspension – 3 Years
4th Drunk Driving Conviction
- Class “C” Felony
- Imprisonment – From 1 Year to 10 Years
- Jail – Mandatory 1 Year and 1 Day
- Fine - $4,100 - $10,100
- Complete State Certified Chemical Dependency Program
- License Suspension – 5 Years
* In addition to the penalties, any person convicted of driving under the influence shall be referred to the court referral officer for evaluation and referral to appropriate community resources. The defendant shall, at a minimum, be required to complete a DUI or substance abuse court referral program approved by the Administrative Office of Courts.
DUI Defense
A solid and strategic defense is of
paramount importance when defending against a DUI
charge. The Beard Law Group has experience dealing
with every aspect of the DUI charge from inception
to adjudication. We look at everything from facts
surrounding the initial stop, police procedure to
the incidence and offense report to make sure your
rights were observed and proper procedure was
followed.
