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Call John Brinkley Law Your DUI Lawyer

Criminal defense lawyers

A DUI conviction can upend your life. Do not take it lightly. You can fight. The attorneys at Brinkley Law have successfully handled DUI cases in Huntsville and North Alabama for over a decade.

There is help with your Drug/DUI charges. Call Brinkley Law.

Our defense of your case might include:

  • Investigation of the scene
  • Case analysis
  • Challenging evidence to have it declared inadmissible, including the results of field sobriety tests and chemical tests
  • Representing you during all DUI hearings
  • Explaining your legal options
  • Defending your constitutional rights
  • Preparing a defense strategy

Overview of DUI Laws in Alabama

In Alabama, it is unlawful for anyone to drive a vehicle that makes the operation of the vehicle unsafe if they are under the influence of drugs or alcohol. The established limit for a driver’s blood alcohol level is 0.08 percent. However, you can be arrested below that level if the state can prove you are impaired.

There are different legal limits for people under 21 years old and operators of certain vehicles like commercial trucks and those transporting children.

What Is Alabama’s Implied Consent Law?

Alabama has an implied consent law for DUI. You agree by operating a motor vehicle that you will consent to a breathalyzer or chemical test after you are legally arrested for drunk driving.

If you refuse to submit to a chemical or breath test after a DUI arrest, your driver’s license is administratively suspended for 90 days. You cannot obtain a restricted driver’s license during the 90-day suspension, and the 90-day suspension is in addition to a suspension or revocation action that could result from a conviction of DUI charges.

What Is the 10-Day Rule for DUI Arrests in Alabama?

If you are arrested for driving under the influence, the arrest triggers an administrative case by the Alabama Law Enforcement Agency (ALEA). You have 10 days to request an administrative hearing to prevent an automatic suspension of your driver’s license. If you do not request the hearing within 10 days, your driver’s license is suspended 45 days later.

Filing a petition for an administrative hearing within 10 days stays the suspension of your driver’s license until an administrative hearing is held. Representation by a lawyer gives you a better chance of winning at the administrative hearing.

What Are the Penalties for DUI Convictions?

The penalties for driving under the influence can be severe. Even a first-time DUI conviction could result in jail time.

The penalties for a DUI in Alabama include:

  • DUI First Offense – Up to one year in jail, a maximum fine of $2,100, suspended license for 90 days, and attending DUI school
  • DUI Second Offense – Five days to one year in jail, a maximum fine of $5,100, and revocation of driving privileges for one year
  • DUI Third Offense – Sixty days to one year in jail, a maximum fine of $10,100, and revocation of driving privileges for up to three years
  • Fourth and Subsequent DUI Offenses – Up to ten years in prison, a maximum fine of $10,100, and revocation of driving privileges for five years

It is not uncommon for the court to order additional penalties. Some examples are community service, required substance abuse treatment, and having your car impounded.

Will I Have to Have an Ignition Interlock Device on My Car?

To prove you have not been drinking, ignition interlock devices (IIDs) require you to blow into the unit before the engine will start. These are usually for the most severe cases, such as a BAC of 0.15% or higher, causing an accident with injuries, or being a repeat offender.

If the court orders you to install an IID, you must pay installation, maintenance, and monitoring fees. You cannot drive any vehicle that does not have an IID installed for the period ordered by the court.

Possible DUI defenses

  • The police officer did not have probable cause to make a DUI stop
  • The officer did not administer the field sobriety tests correctly
  • You have a medical condition that causes a false positive for BAC chemical tests or breath tests, such as hypoglycemia, diabetes, or acid reflux
  • The results of a breath test are invalid because the breathalyzer was not calibrated correctly
  • The samples taken for chemical tests were not collected, stored, or tested according to procedures

You may not avoid a DUI arrest, but you can take steps to protect your legal rights.

Being arrested is not a conviction. The process is only beginning. Call Brinkley Law now and let our experienced lawyers begin working for you.