Dothan, Alabama DUI Attorney

DUI (driving under the influence) or DWI (driving while intoxicated) in Dothan, Alabama

In Dothan, Alabama, once you have been cited for violating the DUI statute, the state initiates two separate, yet simultaneous legal actions against you. There is a criminal action in response to the ticket that was issued to you, and an administrative action that is brought against your license by the Alabama DPS. Both actions can result in the suspension of your Alabama driving privileges, but it is very important to remember that there may be more penalties to consider and each action must be handled on its own.

Being charged with DUI is a serious offense that can have major consequences, including loss of driving privileges, jail time, and monetary fines. It is crucial that anyone facing a DUI charge in Alabama understand what challenges they will encounter. Seeking the legal advice of an aggressive and knowledgeable DUI attorney will help you understand all of your options and rights.

Alabama DUI (driving under the influence) or DWI (driving while intoxicated) Administrative Hearing

Pursuant to Alabama law, an individual has 10 days to request an Administrative Hearing from the Alabama DPS. If you fail to request a hearing within 10 days, your right to the hearing is lost, and your driver's license in Alabama is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is crucial that you submit your request to the Alabama DPS (Department of Public Safety) within 10 days.

DUI Penalties for First Time Offenders

• Monetary Fines - In Dothan, Alabama, fines for a first time DUI range between a minimum of $600.00, up to a maximum of $2,100.00
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of driver's license for 90 days.
• Jail Time - A first time DUI (driving under the influence) or DWI (driving while intoxicated) offender in Dothan, Alabama faces up to one year imprisonment.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a blood-alcohol concentration (BAC) of 0.04. A first time DWI or DUI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of driver's license for 90 days.
• Alcohol Evaluation - Successful completion of a DUI knowledge test and chemical assessment is required for reinstatement of Alabama driving privileges.

Actual Physical Control

To make sure you fully understand all your options and what you are facing, it is very important that you contact an accomplished and experienced DUI defense lawyer in Dothan, Alabama. Remember that you need to act quickly to make sure you take advantage of all your rights and options, including any defenses you might use. In Alabama, the DUI law does not require that a person be caught driving a motor vehicle, only in an "actual physical control" state.

Under Alabama DUI laws, being in a car may be enough for law enforcement to charge you. Actual physical control is the exclusive physical power, and present ability, to operate, move, park, or direct whatever use or nonuse is to be made of a motor vehicle at the moment, as determined by the totality of the circumstances. A person who meets one of the above conditions and who is asleep in, or simply sitting in, a motor vehicle may be guilty of DUI (driving under the influence) or DWI (driving while intoxicated) in Alabama.

Second Alabama DUI Conviction:

• Driver's License Revocation - 1 year
• Fine - $1,000 - $5,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund
• Mandatory - Not less than 48 hours consecutive time in jail, or community service of not less than 20 (twenty) days
• Imprisonment - 48 consecutive hours, up to 1 year, but not less than 20 days community service

Third DUI Conviction Within Five Years:

• Mandatory - 60-day imprisonment which cannot be probated or suspended
• Imprisonment - 60 days in municipal or county jail, up to 1 year
• License Revocation - 3 years
• Monetary Fine - $2,000 - $10,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund

Fourth or Subsequent Alabama DUI Conviction Within 5 Years

• Class C Felony
• Imprisonment - 1 to 10 years
• Fine - $4,000 to $10,000
• License Revocation - 5 years

DUI Subsequent Offenses

Penalties are increasingly more severe for any additional DUI violations. Due to the complexity of DUI laws in Alabama, you may not be aware of rights and options, including any defenses you might use. This is why an assertive and knowledgeable defense lawyer can guide you through this emotionally challenging process. Please contact an Alabama DWI or DUI attorney for a free consultation.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.