Driving under the influence (DUI) is a serious charge in Alabama, and if you’re facing it, you likely have many questions about what to expect and how to handle your case. At Walton Law Firm, P.C., our defense team has been successfully helping individuals navigate DUI charges for over 40 years, offering experience as both defense attorneys and a former prosecutor. Below, we’ve answered some of the most frequently asked questions about DUI charges in Alabama.
1. What is the legal BAC (blood alcohol concentration) limit in Alabama?
In Alabama, the legal BAC limit depends on which of the following groups you fall under:
- 0.08% for drivers aged 21 and older.
- 0.02% for drivers under the age of 21.
- 0.04% for commercial drivers.
If you’re found to be driving with a BAC above these limits, you can be charged with a DUI in Alabama.
2. Can I refuse a breathalyzer test? What happens if I do?
Alabama’s implied consent law means that by driving, you automatically consent to take a breathalyzer or blood test if lawfully requested by an officer. If the request by an officer is deemed unlawful, you won’t face legal punishment for doing so. For lawfully requested breathalyzer test in Alabama, refusing the test can result in:
- An automatic license suspension (90 days for the first refusal).
- Additional penalties if convicted of a DUI.
Generally, refusing a breathalyzer in Alabama will add to the complications of your case, and oftentimes creates more legal touble for the defendant than they were already facing.
3. What are the penalties for a first-time DUI in Alabama?
The penalties you could face if you’re convicted of a DUI in Alabama, and it’s your first DUI, could include the following:
- Fines
- Up to a year in jail (though this is often suspended or reduced to probation)
- 90-day license suspension
- Mandatory completion of a DUI education program
4. Will a DUI charge go on my criminal record?
Yes. A DUI conviction in Alabama is a criminal offense and will appear on your record. This can have long-term consequences, such as:
- Impacting job prospects.
- Increasing insurance premiums.
- Limiting eligibility for certain professional licenses.
5. How long will my license be suspended for a DUI?
The length of suspension depends on the circumstances:
- 90 days for a first offense.
- 1 year for a second offense.
- 3 years for a third offense.
If you refuse a breathalyzer test, you may face an additional suspension under Alabama’s implied consent laws.
6. What is an IID (ignition interlock device)? When is an IID required?
An ignition interlock device (IID) is a breathalyzer that is installed in your car, requiring you to blow into it in order to start the vehicle. If you don’t pass the test, the car will not start. IIDs are often required for repeat DUI offenders, first-time offenders with a high BAC (0.15% or higher) or offenders involved in accidents or who had minors in the vehicle.
7. Can I represent myself in a DUI case?
Yes, but it’s not advisable. DUI laws in Alabama are complex, and the consequences of a conviction can be very severe. Having an experienced Alabama DUI attorney on your team brings you the benefit of their skills. They’ll be able to:
- Review evidence for errors or violations of your rights
- Negotiate for reduced charges or alternative sentencing
- Advocate for you in court to achieve the best possible outcome
8. How can Walton Law Firm help me if I am charged with a DUI in Alabama?
Walton Law Firm, P.C. has over 40 years of experience in criminal defense, defending Alabama residents in the Auburn, Opelika and Montgomery areas when they are charged with DUIs and other criminal charges. Our professional Auburn DUI defense team will:
- Analyze every detail of your case, from the traffic stop to BAC testing procedures
- Build your defense to give you the best chance of a favorable outcome
- Help you navigate the entire process from start to finish
- Work to protect your rights and minimize the impact of a DUI charge on your life
9. Can a DUI charge be dismissed in Alabama?
Yes, under certain circumstances a DUI charge may be dismissed. These circumstances include if:
- Evidence was obtained illegally
- Testing procedures were flawed
- There was no probable cause for the traffic stop
Every case is different, and the likelihood of dismissal depends on the specifics of your situation. To talk more about your specific case, contact Walton Law Firm today for a free consultation and case evaluation for your Alabama DUI case.
10. What should I do immediately after being charged with a DUI in Alabama?
If you’ve been charged with a DUI in Alabama, here are your immediate next steps:
- Contact an experienced Auburn DUI attorney or DUI attorney near you immediately
- After meeting with your legal representation, request an administrative hearing within 10 days to contest the suspension of your license
- Avoid discussing your case with anyone other than your attorney
- Document everything you remember about the arrest in case it becomes important later
Arrested in Auburn? Contact Walton Law Firm, P.C. Today
If you or a loved one are facing a DUI charge in Auburn or Opelika, Alabama, contact our team of Auburn DUI attorneys at Walton Law Firm today. Walton Law Firm has been defending clients in Auburn, Opelika and Montgomery, Alabama for over 40 years, fighting for the rights and due process of our clients when they’re facing DUI and other charges in Alabama.
Contact us today or call our office to schedule a free consultation and case evaluation with our team.
