Award-Winning Legal Team on Your Side
It is a common misconception that DUI charges are indefensible. After all, the evidence is stacked against you, such as chemical test results and testimony from law enforcement whose statements will always be favored above yours. You may think that a guilty verdict is inevitable and that there is nothing you can do about it. This kind of thinking mistaken and can lead to a conviction unless you seek skilled legal representation from a criminal defense lawyer who knows how to defend you.
At The Glasscox Law Firm LLC, we have represented clients throughout Jefferson, Blount, Bibb, Fayette, Greene, Hale, Pickens and Tuscaloosa Counties, as well as clients from the University of Alabama; we have defended countless people in all types of DUI cases. Our stellar legal team understands the basics and all of the nuances of DUI law, procedure, and defense. We can investigate for mistakes committed by law enforcement and for technical errors involving chemical tests. We know how to challenge the prosecution in ways that can put guilt in serious doubt.
Charged with DUI? Call The Glasscox Law Firm LLC at (205) 345-9537 today.
Alabama DUI Law & Penalties
Under Alabama law, you can be charged with DUI if you were driving or in physical control of your vehicle under the following circumstances:
- Your blood alcohol concentration (BAC) level measures .08% or more if you are at or above the legal drinking age
- Your blood alcohol concentration measures .02% or more if you under 21 years of age
- Your driving is impaired by alcohol and/or drugs regardless of your BAC
- Your driving is impaired by prescription or over-the-counter drugs or any substance that hinders your capability
Being in physical control of your vehicle means you do not have to be moving forward on the road. You can be sitting in the driver's seat with the keys in the ignition without driving and still be arrested.
First-Offense DUI Penalties
First-offense DUI in Alabama is charged as a misdemeanor punishable by up to 1 year in jail, fines of up to $2,100 plus court costs, a 90-day license suspension or possibly the installation and maintenance of an ignition interlock device in your car. In some cases, you may qualify for probation in lieu of jail time. You will also likely be subject to a substance abuse evaluation which will lead to treatment or other programs ordered by the court. A first offense occurs if you have no prior convictions within the last 10 years. Penalties may be doubled if your BAC measured .15% or higher or you were found driving with a minor under 14 years of age.
For those under 21 years of age, if your BAC measured less than .08 percent, you will likely face less serious penalties, such as a 30-day license suspension. However, if your BAC measured more than .08 percent you will face the same potential consequences as an adult.
Second, Third, & Subsequent DUI
A second DUI is charged as a misdemeanor punishable by 5 days to up to a year in jail, fines of up to $5,100 plus court costs, and a license suspension of 1 year.
A third DUI is also charged as a misdemeanor carrying penalties of 60 days to up to 1 year in jail, fines of up to $10,100 plus court costs, and a license suspension of 3 years.
A fourth or subsequent DUI is charged as a felony punishable by up to 10 years of incarceration and a 5-year license revocation. Fines are the same as those for a third DUI.
Minimum punishments are doubled in cases where your BAC measured .15% or more.
If I'm stopped for a DUI, why shouldn't I have to answer any other questions?
Make sure your driver's license and your proof of insurance card (if you have it) are close by to give to the officer. But at that point, you don't have to answer any other questions or do any exercises - also known as field sobriety tests - for the officer.
A lot of people ask, “Won't I get arrested if I don't cooperate with the officer?” The truth is you may get arrested whether or not you cooperate, but you don't have a legal obligation to cooperate. Know that if you do, you may incriminate yourself or accidentally give the officer more evidence against you.
If the officer asks you to do a field sobriety test or something like it (just to “check and see” if you're okay to drive), you can say “No, thank you, I'd rather not. Am I under arrest? Am I free to go?”
Alabama is an implied consent state. Implied consent means a person has consented to a blood-alcohol test by driving on Alabama roads and highways. You may refuse to take the test, but you may end up facing a suspended license.
You only have 10 business days from the date of your arrest to contest the suspension of your license, and only 30 days from the date of your arrest to request a hearing appealing the pending administrative license suspension. Do not delay getting an experienced DUI lawyer to handle your case. Call The Glasscox Law Firm LLC at (205) 345-9537 as soon as possible to protect your license.
Talk to a Competent Lawyer at our Firm
Your first step in any DUI arrest is to remain silent and call our firm to learn more about your charges and how we can fight for your freedom and future. DUI convictions will leave you with a criminal record that can hamper future opportunities and seriously impact your life. Let us use our experience and skills to provide you with effective defense – a defense that can have a significant effect on how your case unfolds and its final result.