Have you been charged with DWI or driving under the influence? You can be prosecuted in one or two ways for DUI in Alabama. First, a DUI charge can be brought against someone who is under the influence of alcohol or drugs. This means they allege you are under the influence of alcohol or drugs, and your physical or mental capabilities are impaired by an intoxicant. It relates to the driver’s impaired ability to drive a vehicle in Alabama. You can also be charged based on violation of Alabama’s per se laws, making it a crime to drive with a blood alcohol level (BAC) of .08% or higher. This type of drunk-driving charge can be brought whether or not the person is actually impaired.
In Alabama driving with a BAC (blood alcohol content) of 0.08% or higher is illegal. If you are stopped by a police officer you can be arrested for DUI (driving under the influence). First, the police officer will need to determine whether or not you are under the influence by performing one or more of several field sobriety tests. Depending on the officer or department, the tests can range from a walk and turn test to a more extensive test such as a blood, breath or urine test. You can of course refuse to do the tests. Refusal to perform any of these tests when asked by the officer will most likely result in your immediate arrest and being booked in the city or county jail for DUI. A DUI charge and conviction can have dramatic affects on your future. A Decatur of Huntsville attorney experienced in defending people charged with driving under the influence may be able to help keep you out of jail. We offer a no obligation, FREE CONSULTATION to all clients charged with a crime. We are the only Decatur or Huntsville, Alabama criminal defense lawyers who offer a LOWEST FEE GUARANTEE. Call 256-534-3435 or 256-350-7200. We are here to help.
•Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
•Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater.
•School bus and day care drivers are legally drunk when their blood alcohol level is greater than .02.
•Drivers under 21 are legally drunk when their blood alcohol level is .02 or more.
•Imprisonment – Up to 1 year in municipal or county jail (no minimum mandatory sentence)
•Fine – $500 – $2,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund (§32-5A-191.1)
•Mandatory – 90-day license suspension, DUI school attendance
•Imprisonment – 48 consecutive hours, up to 1 year, or not less than 20 days community service
•Fine – $1,000 – $5,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund (§32-5A-191.1)
•Mandatory – Not less than 48 hours consecutive imprisonment, or community service of not less than 20 days
•DL Revocation – 1 year
Third Conviction Within 5 Years:
•Imprisonment – 60 days in municipal or county jail, up to 1 year
•Mandatory – 60-day imprisonment which cannot be probated or suspended
•Fine – $2,000 – $10,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund (§32-5A-191.1)
•DL Revocation – 3 years
Fourth or Subsequent Conviction Within 5 Years – Class C Felony (§32-5A-191):
•Imprisonment – 1-10 years
•Fine – $4,000 – $10,000
•DL Revocation – 5 years
In addition to any of the penalties the Court’s may impose for a driving under the influence conviction, the Department of Motor Vehicles will take administrative action against an individual’s driver’s license. These actions can include restrictions, suspensions, and revocations.
The attorneys at the Law Offices of Ferguson & Ferguson are experienced in representing clients in any administrative hearings with the Department of Motor Vehicles, and understand that the protection of a driver’s license is often the most important part of representation in a DUI case. A DUI offense is considered a misdemeanor charge and can result in jail time, license suspension, and points on your driving record, fines, counseling and probation. At the Law Offices of Ferguson & Ferguson, we will fight for you and are determined to keep you out of jail. We will look at the facts surrounding your DUI charge and will question the allegations against you. Our attorneys will challenge any field sobriety tests administered and will use their education and knowledge of Alabama DUI laws to obtain the best possible outcome for you.
If you are in need of an experienced DUI defense attorney in Decatur or Huntsville, contact our firm immediately. We have offices conveniently located in downtown Decatur and Huntsville, Alabama. We understand all areas of criminal defense in Alabama and will use our over 45 years of combined experience to aggressively defend the charges against you. We may even be able to have the charges against you lowered or dropped completely. Call now. Call 256-534-3435 or 256-350-7200. We are here to help.
Huntsville Office Location:
303 Williams Avenue SW
Huntsville, AL 35801
Decatur Office Location:
401 Lee Street, Suite 607A
Decatur, AL 35601
We serve Cullman, Jackson, Lawrence, Limestone, Madison, and Morgan Counties.