In the criminal context every person has rights which include: the right to counsel, the right to be free from unreasonable search and seizure, the right to a speedy public trial by jury, the right to not testify against oneself, the right to cross examination, and the right to appeal. Over the years, many of these rights have been reduced or qualified by the Courts. The law is complex, and persons charged with crimes need the best legal representation available to ensure that these and other rights are protected. Having handled hundreds of criminal cases, we bring years of criminal defense experience to ensure that our clients’ rights are protected.
DUI In Alabama
To say that being arrested for driving under the influence (DUI) in Alabama is an unpleasant experience is putting it mildly. As a suspected drunk driver, you will be treated like a criminal. Along with being fingerprinted and searched, you may also be photographed and placed in a holding cell until your arraignment—and in some cases, you may even be required to post bail before being released. What’s more, if you are actually convicted of the charges against you, you will also face a number of harsh penalties under the state’s mandatory sentencing guidelines.
Alabama DUI Laws
Like many other states, Alabama defines DUI as driving with an illegal amount of alcohol in your bloodstream or operating a vehicle while impaired. What’s the difference between these two meanings? In the first scenario, you can be arrested simply for having a blood alcohol content (BAC) above the legal limit—even if your ability to drive is not impaired. However, in the second example, you can be charged with DUI if you show signs of impairment, but have a BAC well-below the legal limit. Some states like TX use the term Texas DWI instead
So what is the legal BAC limit? Assuming you’ve reached the legal drinking age (21), you must adhere to the federal 0.08% BAC limit. On the other hand, if you are underage or operate a commercial vehicle, you have less leeway when it comes to the amount of alcohol you can have in your system. As such, drivers under 21 can be charged with DUI if they have a BAC of 0.02% or higher, while commercial vehicle operators can be placed under arrest if their BAC reaches 0.04% or more.
Alabama DUI Penalties
Regardless of the reason for your arrest, the type of penalties you face will be based primarily upon your history of driving under the influence. Assuming you have not been convicted of a DUI within the past five years, you will be treated as a first-time offender. Although a first offense carries less severe penalties than a second or third conviction, you may still face a 90-day license suspension, $600 to $2,100 fine, and possible jail sentence if you are found guilty of the charge.
On the other hand, if you are convicted of a second or third DUI within a five-year period, you can expect to receive a much harsher punishment than a first-time offender. The minimum sentence for a second or third DUI, for example, includes a $1,100 to $10,000 fine, one- to three-year license suspension, and a mandatory jail sentence. In addition, you may also be required to perform 30 days or more of community service.
As you can see, the penalties for driving under the influence are very severe—and if you were recently arrested for DUI in Alabama, you may need to obtain legal representation to avoid the consequences listed above. Our Birmingham DUI attorneys are dedicated to providing superior DUI defense. We’ve represented clients in drunk-driving cases across the state–many with successful results. To learn how our firm can help at this critical time, please contact us today for a free case evaluation.
Criminal Offenses in Alabama
There are two types of criminal charges in Alabama: misdemeanor and felony. A misdemeanor is punishable by up to one year in jail. Penalties may also include fines, probation and community service. A felony is punishable by a year or more in prison. Felony penalties may also include a fine and probation.
Make no mistake, the prosecution will use every asset available to win a case and has the technical and financial resources of State and Federal law enforcement agencies at its disposal. Our law firm is ready, willing and able stand between you and the Government to protect your liberty and present the best criminal defense for you and your loved ones.
Whatever the circumstances of your particular case, it is important to retain an experienced criminal defense attorney who can defend you against serious allegations, and explain all of your legal options. In difficult times, you need an aggressive, determined, advocate on your side.
An aggressive defense of your case typically starts early in the proceedings. A lawyer may file motions to challenge the arrest, suppress evidence or otherwise confront weaknesses in the prosecution’s case. These motions are typically resolved prior to trial and, if successful, may result in the case being dismissed.
We have represented numerous clients throughout Alabama and has extensive experience handling a wide range of litigation matters and fastidiously applies his experience to help individuals, families, and small businesses faced with a legal crisis. Over the course of his career, We have successfully litigated to a conclusion hundreds of cases, and has successfully argued cases before the Alabama Supreme Court and Court of Appeals. We have represented clients in over 100 different venues across Alabama’s Federal, State Circuit, District and Municipal court systems handling cases involving , violent felonies, driving under the influence of drugs and alcohol crimes, drug possession, manufacturing, distribution and trafficking drug crimes, burglary & theft, assault, manslaughter, homicide, arson, domestic violence, sexual offenses, firearm violations, conspiracy, solicitation, attempts, traffic violations, misdemeanors. All matters given personal and confidential attention.
Fully Committed to Your Case in Birmingham, Alabama
We represent individuals who have been arrested and accused of all types of felonies and misdemeanors, including murder, sexual assault, drug possession, weapon possession, theft, battery, burglary, possession of stolen motor vehicle, DUI, traffic violations, domestic battery, and many others. We handle criminal cases in Birmingham and throughout most Alabama counties.
Our clients benefit from the knowledge that they are being represented by criminal defense professionals devoted to providing the best possible defense to persons charged with crimes. If you are facing criminal charges, you can receive a free review of your case by filling out the questionnaire on the right.
We are knowledgeable of the various criminal justice mechanisms and procedures necessary to protect and preserve your legal rights.
Many people in trouble do not know for certain whether or not they need an attorney. We talk to people everyday answering basic questions about the law and court procedure. We do not charge for these initial consultations as we feel it is a basic moral service to provide to people general information about their legal problem in order to make an informed choice as to options that are plausible or available. We would welcome the opportunity to talk to you and discuss your legal options and solutions.
If you or a loved one is charged with a crime, it is imperative that you secure the best legal defense available. Time is of the essence, and valuable legal advantages can be lost by waiting to secure legal representation. We are here to help you in your time of need. Contact us either completing a short questionnaire on CRIMINAL DEFENSE, so that we may discuss your case. The consultation is free.