PLEASE E-MAIL ME ABOUT YOUR DUI CHARGE OR CLICK THE LOGO FOR A FREE CASE EVALUATION.
ALL COMMUNICATION IS STRICTLY CONFIDENTIAL.
ENHANCED PUNISHMENT FOR BAC OF .15% OR HIGHER UNDER ALABAMA DUI STATUTE: If you register .15% or higher on a DUI breath test, the penalties, fines and license revocation are much worse.
WHY DO YOU NEED A DUI ATTORNEY?
ENHANCED PUNISHMENT FOR “AGGRAVATING CIRCUMSTANCES” UNDER ALABAMA DUI STATUTE
Under Alabama DUI laws, “Aggravating Circumstances” require the installation of an ignition interlock device (I.I.D.) on first DUI offense for any of the following: (1) A conviction after refusing the breath test; (2) Breath alcohol test registering .15% or greater; (3) Presence of a child under 14 years of age in the vehicle at the time of the DUI offense; or (4) Where someone other than the offender was injured at the time of the offense.
STOP YOUR LICENSE SUSPENSION
Notice of Intended Suspension
If your BAC is .08 or greater or you refuse a chemical BAC test, the officer who arrested you is required to send notice to the Alabama Department of Public Safety an intended notice to suspend your license. You have a right to challenge the intended suspension, but you must act within 10 days of receiving this notice. Please call an attorney to file for a hearing before your license is suspended.
Please contact my office.
256-638-1199 or email link
ACTUAL PHYSICAL CONTROL
Alabama law requires that you be in actual physical control of the vehicle before you can be convicted of a DUI. Admition to the officer that you were driving, or being inside the car with the keys in the cars ignition, or other factors can show you were actually in control. In other words, does is look like you were "IN CONTROL" of the autombile, motorcycle, scooter, tractor, scooter, ATV or any other motorized vehicle.
"What if I'm caught driving without the I.I.D.?
If you have a restricted I.I.D drivers license and you're stopped while driving a motorized vehicle that has no I.I.D. device installed, the officer will arrrest you, charge you with a violation of the I.I.D. laws and impound the auto regardless of who owns its. This is a Class "A" misdemenor, punishable by a fine and jail time. Also, the length of time for the I.I.D installation will be extended 6 months. If you get your buddy to blow into the I.I.D. so the auto will crank, he can be charged and sentence to 6 months in jail and up to a $500 fine.
Chris Croft Attorney Lawyer: Car Wrecks / Accidents / Injuries Social Security Disability DUI & Misdemeanor Cases Debt Collector Harassment Prescription Drug Injury City Court Traffic & Criminal Expunge Criminal Records Pre-Nuptial Agreements in Dekalb, County, Jackson County, Cherokee County, Etowah County, Marshall County, Fort Payne, Rainsville, Scottsboro, Ider, Henagar, Sylvania, Fyffe, Geraldine, Albertville, Guntersville,Crossville, Collinsville, Powell, Section, Dutton, Pisgah, Stevenson, Bridgeport, Grant, Hollywood, Centre, Cedar Bluff, Sand Rock, Gadsden. Civil and Criminal Trial Attorney for All of Northeast Alabama.
Chris Croft Attorney Lawyer: Car Wrecks / Accidents / Injuries Social Security Disability DUI & Misdemeanor Cases Debt Collector Harassment Prescription Drug Injury City Court Traffic & Criminal Expunge Criminal Records Pre-Nuptial Agreements in Dekalb, County, Jackson County, Cherokee County, Etowah County, Marshall County, Fort Payne, Rainsville, Scottsboro, Ider, Henagar, Sylvania, Fyffe, Geraldine, Albertville, Guntersville,Crossville, Collinsville, Powell, Section, Dutton, Pisgah, Stevenson, Bridgeport, Grant, Hollywood, Centre, Cedar Bluff, Sand Rock, Gadsden. Civil and Criminal Trial Attorney for All of Northeast Alabama.
AN EXPERIENCED DUI ATTORNEY MAKES A DIFFERENCE
Every driver must be aware that driving under the influence is extremely dangerous and it jeopardizes the safety of all road users. Even though there are severe punishments for DUI, that include license suspensions, fines, as well as jail sentences, hundreds of thousands of DUI arrests occur each year. If you ever get charged with a DUI, you are going to need help from an expert who can explain what you need to do in a drunk driving case. Hiring a DUI attorney may be expensive, but in most cases, it turns out to be money well spent, as they can help you keep your license and get your charges reduced, or even dismissed.
IN ALABAMA THERE ARE SEVERAL WAYS YOU CAN BE CHARGED WITH A DUI.
In Alabama you can be charged for a DUI for driving under the influence or alcohol or drugs that effect you to an extent that makes you unable to safely drive. One of the most common ways a person is charged and convicted of a DUI, is by showing a person's blood alcohol content (BAC) is above the legal limit of .08%. If your BAC is above .08, it is automatically presumed that you are not able to drive safely. You could also be charged with DUI without the BAC blood test, if the officer thinks you were intoxicated by drugs and could not safely drive. These cases rely solely on what the police officer observed or what you told him/her.
**** 2 IMPORTANT THINGS TO REMEMBER ABOUT A DUI CHARGE:
1. PROBABLE CAUSE TO ARREST:
If you are charged with a DUI in Alabama, the officer who arrested you will indicate
on the ticket how he thinks you were intoxicated (alcohol, drugs or both). HOWEVER, before the officer can charge you with a DUI, he must have PROBABLE CAUSE to believe you were under the influence. The officer can establish PROBABLE CAUSE in many ways. He might claim he smelled alcohol in your car, that you had trouble walking, that your eyes were blood-shot etc... He can also establish PROBABLE CAUSE, by asking you to perform certain tests called FIELD SOBRIETY TESTS. These tests include: walking a line, standing on one foot, stating parts of the alphabet, counting numbers, following the pen with your eyes and many more.
As you can see, many factors can go into establishing the PROBABLE CAUSE, but this is very important, you do not have to help the officer make his case against you. If your DUI
case is ever tried, submiting to these field sobriety tests will only strengthen the prosecutors case against you. Without establishing PROBABLE CAUSE at trial, the officer/prosector has no case, regardless of what any other testimony may show.
2. METHODS OF PROVING YOU WERE DUI:
You do not have to be over the legal BAC limit to be charged and convicted of a DUI. Alabama law allows the officer to charge you with DUI for being under the influence of both legal and illegal drugs even if you have a legal prescription for the drugs. However, these cases can be harder to prove because usually there is no test showing the level of drugs or alcohol.
****IMPLIED CONSENT-This is a critically important factor to remember:
Alabama Code § 32-5-192. Consent to testing; suspension of license; hearing. This Code
Section reads in part;
(a) Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given his consent, subject to the provisions of this division, to chemical test or tests of his blood ..... failure to submit to such a chemical test will result in the suspension of his privilege to operate a motor vehicle for a period of 90 days.
In other words, by driving on a public road, you have already consented to a chemical test should you be suspected of driving under the influence. If a police officer suspects you of DUI, he will ask you to submit to a BAC test. If you refuse to take the test, your driver’s license will be automatically suspended for 90 days and, if you are later convicted of DUI, you will be required to install an Ignition Interlock Device (IID). If this is your second refusal within five years, your license will be suspended for a full year. Here you have a critical decision to make. If you agree and submit to the BAC test at the jail and your BAC is above the legal limit, the DUI case against has become strong. If you refuse the test because you fear the results, your license will be suspended under the implied consent law. You have the right to refuse the BAC test, but there are consequences if you do so. You must weigh the risk of losing your license for a short period versus helping the state build a stronger case if you think your BAC will be over the legal limit.
**** It is VERY important to remember that the officer might ask you on the side of the road to breath into the PBT roadside breath device. That is NOT the chemical test meant by the implied consent law.
LISTED BELOW ARE THE POTENTIAL FINES & PENALTIES FOR AN ALABAMA DUI CONVICTION.
DEFINITIONS TO KEY TERMS ARE PROVIDED BELOW
DUI FINE JAIL-TIME DL SUSPENSION I.I.D. INSTALL CRO
1ST $600-$2100 UP TO 1 YEAR 90 DAYS-STAYED WITH 2 YRS. IF BAC .15% MANDATORY
I.I.D. FOR 6 MONTHS I.I.D. Dr. License
2ND $1100 - $5100 UP TO 1 YEAR 1 YEAR OR 45 DAYS 2 YEARS MANDATORY
5 DAYS WITH I.I.D. FOR I.I.D. Dr. License
MANDATORY BALANCE OF SUSP.
3RD $2100 - $10,001 UP TO 1 YEAR 3 YEARS OR 180 DAYS 3 YEARS MANDATORY
60 DAYS WITH I.I.D. FOR I.I.D. Dr. License
MANDATORY BALANCE OF SUSP.N
4TH $4100 - $10,001 1 TO 10 YEARS 5 YEARS OR 1 YEAR 5 YEARS MANDATORY
FELONY WITH I.I.D. FOR I.I.D. Dr. License BALANCE OF SUSP.
BAC-BLOOD ALCOHOL This is the level of alcohol in your blood expressed as a percentage. A CONTENT: .10% BAC, would indicate that 1/10th of one percent of the content of your blood is alcohol.
I.I.D.- Ignition Interlock A device installed on your car that will test your blood alcohol content Device: before you can crank your car. If your BAC is above .02, your car will not crank. Required on first conviction if BAC is .15% or greater. It is required on all convictions after first regardless of BAC.
Automatic DL Suspension: 90 days if you refuse a BAC test and are later convicted, or if the car under your
control has any passenger under 14 years old, or anyone, other than yourself,
is injured while you have control of the automobile.
Driver License Suspension: Upon any conviction, or if your BAC was greater than .15%. You can prevent a driver's license suspension after the indicated time above, if you install an I.I.D. on your car and obtain a state issued I.I.D. driver's license.
CRO: Court Referral Office: A company the court system uses to drug and alcohol test certain persons. For
purposes of a DUI conviction, CRO is mandatory. CRO will evaluate you and
potentially require you to submit to random drug and/or alcohol testing and
attend the required DUI classes.
BAC 0.15% OR Greater: For any conviction when your BAC is 0.15% or more, you are required to install
he I.I.D. for a minimum of 2 years. Also, all fines and punishments are doubled.
a
I.I.D. DRIVER LICENSE: If you are required to install the I.I.D., you will be required to obtain a special state issued IID driver license.
tHTH
The Alabama State Bar requires the following statement: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers
The Alabama State Bar requires the following statement: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers