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.
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What is the legal blood alcohol concentration (BAC) limit in Alabama?
In Alabama, the legal BAC limits are:
- 0.08% for drivers aged 21 and older.
- 0.02% for drivers under the age of 21.
- 0.04% for commercial drivers.
Driving with a BAC above these limits can result in a DUI charge.
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What happens if I refuse a breathalyzer test?
Alabama’s implied consent law means that by driving, you automatically agree to take a breathalyzer or blood test if lawfully requested by an officer. Refusing the test can result in:
- An automatic license suspension (90 days for the first refusal).
- Additional penalties if convicted of a DUI.
Refusing the test doesn’t mean you won’t be charged with a DUI—it simply adds to the complications of your case.
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What are the penalties for a first-time DUI in Alabama?
For a first DUI offense, penalties may include:
- Fines of $600 to $2,100.
- Up to one year in jail (though this is often suspended or reduced to probation).
- A 90-day license suspension.
- Mandatory completion of a DUI education program.
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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.
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Can I challenge the results of a breathalyzer test?
Yes. Breathalyzer tests are not infallible and can be challenged in court. Common defenses include:
- Improper calibration or maintenance of the device.
- Medical conditions that could affect results (e.g., acid reflux).
- Errors made by the officer during the testing process.
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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.
Charged with a DUI in Auburn or Opelika or surrounding areas? Contact our experienced team of Criminal Defense Team for a free initial case consultation*
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Can I get a restricted license to drive to work or school?
Yes. Alabama allows eligible individuals to apply for an ignition interlock device (IID) and restricted license, which permits driving under certain conditions. The IID requires you to blow into a device to prove sobriety before starting your vehicle.
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What is an ignition interlock device, and when is it required?
An ignition interlock device is a breathalyzer installed in your car. You must blow into it to start the vehicle. It’s often required for:
- Repeat DUI offenders.
- First-time offenders with a high BAC (0.15% or higher).
- Offenders involved in accidents or who had minors in the vehicle.
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Can I represent myself in a DUI case?
While legally you can represent yourself, it’s not advisable. DUI laws in Alabama are complex, and the consequences of a conviction can be severe. An experienced attorney can:
- 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.
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How can Walton Law Firm, P.C. help with my DUI case?
At Walton Law Firm, P.C., we bring over 40 years of experience in criminal defense, including time as a prosecutor. Our team will:
- Analyze every detail of your case, from the traffic stop to BAC testing procedures.
- Build a strong defense to challenge the evidence against you.
- Help you navigate administrative hearings for license suspension.
- Work tirelessly to protect your rights and minimize the impact of a DUI charge on your life.
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Can a DUI charge be dismissed in Alabama?
Yes, under certain circumstances. A DUI charge may be dismissed if:
- Evidence was obtained illegally.
- Testing procedures were flawed.
- There was no probable cause for the traffic stop.
Every case is unique, and the likelihood of dismissal depends on the specifics of your situation.
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What should I do immediately after being charged with a DUI?
If you’ve been charged with a DUI in Alabama, here’s what you should do:
- Contact an experienced DUI attorney immediately.
- Request an administrative hearing within 10 days to contest license suspension.
- Avoid discussing your case with anyone other than your attorney.
- Document everything you remember about the arrest.
Contact Walton Law Firm, P.C. Today
If you or a loved one is facing a DUI charge in Auburn or Opelika, Alabama, don’t wait to seek legal assistance. Walton Law Firm, P.C. has been defending clients for over 40 years, providing compassionate, knowledgeable, and aggressive representation.
Call us at tel:3343213000
