Driving Under the Influence

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Driving Under the Influence

While DUI or DWI is actually just a traffic violation, a driving under the influence conviction carries with it more stigma than many felony charges. The State of Alabama has adopted tough DUI laws. If you are charged with driving under the influence, you need a lawyer who is knowledgeable and competent to defend you. Charles Turner has successfully represented hundreds of persons charged with driving under the Influence.

 Q: What are the possible punishments for a DUI conviction in Alabama?

In Alabama, a DUI conviction carries with it the possibility of up to one year in the county jail and a fine of up to $10,100. If the defendant has been previously convicted of DUI, he or she may face mandatory jail time of up to 60 days. If the defendant has been previously convicted of DUI three times, he may be convicted of "felony DUI," which carries with it a sentence of up to five years in prison a minimum fine of $4,100.

Q: What is the legal limit for blood alcohol content in Alabama?

A person is presumed to be intoxicated if his blood alcohol content (BAC) is .08% or greater, if over 21. If under 21, or for other special licenses,  the legal limit is .02% BAC.

Q: When I was arrested, I blew a .06. Does this mean my case will be dismissed?

Not necessarily. The state may try to prove intoxication by other means, such as the officers testimony.

Q:  When I was arrested, the arresting officer took away my driver's license and gave me a yellow piece of paper to drive with for 45 days. Will my license be suspended before I go to court?

Yes, unless you demand an administrative hearing within 10 days of your arrest.

Q:  Can a lawyer really help me with my DUI charge?

 The burden on the State is high to prove that the driver was intoxicated. In the case of driving under the influence of alcohol, the State must frequently introduce scientific tests into evidence. Skilled lawyers can identify problems with the State's case and leverage that to your advantage, either in trying or settling your case.

Q: I am charged with driving under the influence of a controlled substance. What are my chances?

Much better than you would otherwise think.It is very difficult for the State to prove DUI Controlled Substance because there is no easy test for the presence of the substance. Except for accident cases and OTR trucks, the State of Alabama cannot compel a driver to submit to a blood test.

Q: Do previous convictions enhance DUI convictions in Alabama.

Yes, for one previous conviction in the last 5 years, there is a minium 5 day jail sentence and a minimum fine of $1,100. For two prior convictions, with no limit on the look back period, the minimum jail sentence is 60 days and the minimum fine is $2,100. With three prior convictions, the defendant is faced with felony DUI liability.

Q: I'm under the age of twenty-one, are there any special provisions in the DUI that apply to me?

Yes. If you are less than 21 years of age, you violate the statute if your blood alcohol content exceeds .02 percent. If a person who is under 21 is found to have more than .02 percent but less than .08 percent of blood in his alcohol, the law provides for diminished punishment. A person, who is under the age of 21, is also entitled to apply for treatment as a youthful offender.

Q: When I got arrested, the officer told me that the State would suspend my license if I refused to take a breath test. Doesn't this violate the U.S. Constitution's ban on self-incrimination?

The State of Alabama enacted a law that provides that if you drive on Alabama's state roads and highways, that you implied consent to being tested for the presence of alchohol in your blood. "Implied Consent" is the basis for many driving under the influence convictions.

Q: What makes Alabama DUI law so technical?

In order for the State to get in evidence of blood alcohol content (BAC) from a breath test, it has to prove that the Defendant was lawfully arrested for DUI. If the State made any errors in arresting the Defendant, then the breath test does not come in.

Q: I was in an accident and the police have charged me with DUI. Should I hire a lawyer?

Yes. First, the "Implied Consent" rule is different for accidents than for motor vehicle stops. Also, if you were involved in an accident with another vehicle, you may be facing other, more serious charges. It is critical that you meet with a qualified DUI lawyer immediately.

Q: I was arrested for driving while intoxicated on private property. Do Alabama DUI laws apply to driving on private property?

Yes, Alabama prohibits an intoxicated driver from operating a vehicle anywhere in the State, However, Implied Consent does not apply on private property. If the arresting officer compelled you to take a breath test after you were arrested on private property, the breath test cannot come in.

Q:  I was thinking about hiring a lawyer but am not sure that I can afford one. Can hiring a lawyer to represent me on a DUI charge make financial sense?

Absolutely. First, upon a conviction for DUI your auto insurance premiums could triple for three years. You may also be faced with an enhancement that will be applied unless a lawyer representing you intervenes. You cannot know your rights and likely outcome until you talk with a skilled DUI lawyer, Call Charles C. Turner to discuss your DUI defense today.