Tuscaloosa, Alabama DUI Attorney
Alabama DWI or DUI Administrative Hearing
Pursuant to Alabama law, an individual has 10 days to request an Administrative Hearing from the Department of Public Safety in Alabama. 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 within 10 days. Contact a DUI criminal defense attorney in Tuscaloosa, Alabama to help.
What happens if I was arrested for DUI in Tuscaloosa?
Under Alabama law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your driver's license by the Department of Public Safety in Alabama. While both actions can result in the suspension of your driving privileges in Alabama, it is important to remember that there may be additional penalties to consider and each action must be handled separately.
Being arrested for DUI is a serious offense that can have serious consequences, including jail time, loss of driving privileges, and monetary fines. It is very important that anyone facing an Alabama DUI understand what challenges they will encounter. Seeking the legal advice of a capable and professional DUI lawyer will help you understand all of your options and rights. Call today for a fast, free consultation.
DUI Penalties for First Time Offenders
- Alabama Driving Privileges and DUI - In Tuscaloosa, Alabama, a first time DWI or DUI conviction results in the revocation of driving privileges in Alabama for six months to three years.
- Alcohol Evaluation - Successful completion of a DUI knowledge test and chemical assessment is required for reinstatement of driving privileges in Alabama.
- 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.
- Monetary Fines - In Tuscaloosa, Alabama, fines for a first time DUI range between a minimum of $600.00, up to a maximum of $2,100.00
- Jail Time - A first time DWI or DUI offender in Tuscaloosa, Alabama faces up to one year jail time.
- 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.
Actual Physical Control
In Alabama, the DUI law does not require that a person be caught driving a vehicle. The state is an "actual physical control" state. This means that under Alabama DUI laws, being in a car may be enough for police 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.
For example, 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 DWI or DUI in Alabama. To make sure you fully understand all your options and what you are facing, it is crucial that you contact an aggressive and knowledgeable DUI criminal defense attorney in Tuscaloosa, Alabama. Remember that you need to act quickly to make sure you take advantage of all your rights and options.
Second DWI or DUI Conviction:
- Fine - $1,000 - $5,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund
- Imprisonment - 48 consecutive hours, up to 1 year, but not less than 20 days community service
- Driver's License Revocation - 1 year
- Mandatory - Not less than 48 hours consecutive imprisonment, or community service of not less than 20 days
Third DUI / DWI 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 Conviction Within 5 Years
- License Revocation - 5 years
- Class C Felony
- Fine - $4,000 to $10,000
- Imprisonment - 1 to 10 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. This is why a capable and knowledgeable defense attorney can guide you through this emotionally challenging process. Please contact an Alabama DUI / DWI lawyer for a fast, 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. |