DUI charges can have a lasting impact on a person’s life. If you’re currently accused of driving while under the influence of drugs or alcohol, the time to act is now. Contact a dedicated Foley, Alabama DUI lawyer from The Law Office of James M. Burns today.
DUI Lawyer | Here to Fight for Clients in Foley & throughout Alabama
The Law Office of James M. Burns has decades of experience fighting for clients who’ve been charged with DUI and other crimes, and if you need a Baldwin County, Alabama criminal defense lawyer you can depend on, you are in the right place. Give us a call today or contact us online so we can get started working on your case.
Driving Under the Influence in Alabama: Defined
Alabama’s DUI laws say you can’t drive or be in actual physical control of a vehicle while under the influence of any substance that makes you unable to drive safely. This includes alcohol, illegal drugs, prescription drugs, and over-the-counter medications. In the state of Alabama, you can face DUI charges if:
- Your blood alcohol concentration (BAC) is .08% or more
- Your BAC is .04% or more if you’re a commercial driver
- Your BAC is .02% or more if you’re under 21 years old
- You’re impaired by any substance, no matter what your BAC is
First-Offense DUI Penalties in Alabama
If you’re accused of driving while under the influence of drugs or alcohol here in the state of Florida, you will face a wide range of potential penalties, even if this is only your first offense. For a first-offense DUI in Alabama, you could go to jail for up to a year, pay a fine of $600 to $2,100, lose your license for 90 days, have to participate in and complete a substance abuse program, and do 50 hours of community service. Rather obviously, even a first offense can have a devastating impact on your life, which is why it is of paramount importance that you hire a seasoned Foley, Alabama DUI lawyer to fight for you.
Second DUI Penalties
As you can imagine, for a second DUI in Alabama, you will likely face even harsher penalties than for a first offense. If you’re convicted of a second DUI, you will go to jail for at least ten days (but up to nine months), pay a fine of $1,100 to $5,100, lose your license for five years or more, have to install and use the ignition interlock device in your vehicle for at least two years, and your car will most likely be impounded for up to 30 days.
Third-Offense DUI Penalties in Alabama
For a third DUI offense in the state of Alabama, you will face the harshest set of penalties. To start, you will most likely go to jail for at least 60 days (but potentially up to one year). You will also have to pay a fine of $2,100 to $10,100, lose your license for 10 years or more, install and use the ignition interlock device in your vehicle for three years or more, and have your car impounded for 90 days.
Underage DUI Penalties in Alabama
In Alabama, you can be charged with an underage DUI if your blood alcohol concentration (BAC) is .02% or higher, or if you are impaired by any substance. This is much lower than the legal threshold of .08% for drivers who are 21 or older. Unfortunately, an underage DUI conviction can have a lasting impact on your life, your finances, and your freedom. Here are some of the penalties you may face for a first-offense underage DUI in Alabama:
- A 30-day suspension of your driver’s license
- A fine of up to $2,100
- Up to one year in jail
- Enrollment and completion of a substance abuse program before getting your license back
- 50 hours of community service or a $10 payment for each hour not completed
- The installation and use of an ignition interlock device in your vehicle
Potential DUI Defenses
The defenses your Foley DUI lawyer uses will depend largely on the circumstances of your arrest. That said, some of the most common defenses against DUI charges are as follows:
- Invalid reason for the stop: You have the right to challenge any evidence that was obtained during a traffic stop if the police officer did not have a legitimate reason to pull you over. For instance, if you were stopped only because of your skin color or your appearance, or because the officer had a personal bias against you, that would be a breach of your Fourth Amendment rights.
- Unreliable breathalyzer or blood test: Breathalyzer and blood tests are commonly used as proof in DUI cases, but they are not foolproof. A competent defense attorney can question the validity of these tests, either by showing that the testing device was defective, or by proving that the testing protocol was not correctly followed.
- Increasing blood alcohol level: Alcohol takes time to enter your bloodstream, which means that your blood alcohol level may keep rising after you have finished drinking. If you were pulled over soon after having a drink, your blood alcohol level may not have been over the legal limit at the time of the stop.
- Medical conditions or prescription drugs: Some medical conditions or prescription drugs can cause signs that resemble those of intoxication, such as slurred speech or impaired coordination. If you have a medical condition or are taking prescription drugs that may have influenced your ability to drive, your defense attorney can argue that you were not actually intoxicated.
- Field sobriety test mistakes: Field sobriety tests are often used as a way to measure a driver’s level of impairment, but they are not always accurate. If the officer conducting the test did not give precise instructions or did not properly assess your performance, your defense attorney can argue that the outcomes of the test should not be used against you.
Contact a Foley DUI Defense Lawyer Today
The bottom line is that if you’re charged with a DUI, you’re looking at a wide range of harsh repercussions. That’s why you need a competent DUI defense attorney who will dedicate themselves to defending your rights and your freedom. Contact The Law Office of James M. Burns today to schedule your free case evaluation with our seasoned legal team.
