Understanding DUI charges in Alabama

On Behalf of | Sep 18, 2024 | DUI |

Driving under the influence (DUI) charges are relatively common in Alabama. Despite how frequently people end up accused of impaired driving, many people only have a basic understanding of DUI rules in Alabama.

The following are the basics that drivers need to know about DUI offenses.

DUIs are possible in many scenarios

People tend to imagine that DUI arrests occur after police officers spot someone driving very dangerously. While one-on-one traffic stops are a common source of DUI charges, people can also get arrested after their involvement in a crash.

At an accident scene, officers may test both parties involved and may arrest someone who is under the influence even if they didn’t technically cause the collision.

Drivers could also encounter checkpoints where officers screen them for impairment.

Drivers do not have to drive poorly to face arrest. They simply need to be over the legal limit for their blood alcohol concentration (BAC), which is 0.08% for most drivers.

The penalties can be significant

Some drivers, especially those with no prior criminal record, may expect a slap on the wrist after a technical DUI offense where no one got hurt. However, the law in Alabama allows for relatively harsh penalties. Those penalties increase with each subsequent offense.

A defendant facing a first DUI charge could be at risk of up to a year in jail and between $600 and $1,200 in fines. A 90-day license suspension is also standard. Drivers usually need to install an ignition interlock device (IID) in their vehicles and use it before driving for at least six months after getting their license back.

A driver accused of a second DUI within five years of the first could pay up to $5,100 in fines. They have to serve at least five days in jail but could spend up to a year in state custody. They could also lose their license for up to a year, followed by a two-year IID requirement.

Defending against DUIs is possible

One of the most common myths about DUI charges is that no one can defend against them. However, many people who take their cases to trial can avoid a conviction with the right strategy. Some defendants have a medical explanation for why they failed a chemical test. Others may be able to prove that police officers conducted an illegal traffic stop.

Reviewing what happened before a DUI arrest with a skilled legal team can help people prepare a reasonable defense strategy. Drivers accused of impairment at the wheel can often fight to preserve their freedom and their driving privileges.