Under Alabama law, it is illegal for a person to drive or have actual physical control of an automobile if they have a blood alcohol concentration (BAC) of 0.08 percent or above or are driving under the influence of alcohol, drugs, or any impairing substance (or a combination of such substances) to a level that renders the individual incapable of safely operating a vehicle. In the case of commercial vehicle drivers, the BAC limit is reduced to 0.04 percent. In addition, it is illegal for motorists below the age of 21 to drive a vehicle with a BAC level of 0.02 percent or above. But offenders below 21 years of age are not subject to the penalties discussed below. However, they will face a 30-day license suspension and will need to undergo substance abuse treatment as well. In Alabama, a driver can get a DUI even without actually operating or having the vehicle in motion. The DUI statute in the state includes any person who is in “actual physical control” of the automobile. The exclusive physical power and current ability to operate, park, move, or direct whatever use or nonuse is to be made of the automobile at the moment is known as being in “actual physical control” of the vehicle. The Laws of Implied Consent and the Refusal to take a Breath or Blood Test in Hoover, AL The “implied consent” laws in Alabama require all motorists legally arrested for a DUI to submit to a breath, blood, or urine test. If an apprehended motorist refuses to submit to the police officer’s request for a breath test, their license will be suspended for 90 days with immediate effect. This suspension period increases to one year if the individual has refused such testing within the past five years. The license suspension due to refusal to undergo testing is distinct from the criminal conviction and may be imposed even in cases where the criminal charges are dismissed. Besides, if a person refused to submit to a chemical test, it may be used against the defendant at trial. When is a Motorist Considered to be Legally Intoxicated in Hoover, AL? Drunk Driving Penalties in Hoover, AL First-time offenders could be imprisoned for up to one year, fined $600 to $2,100, or both. The suspension period for the driver’s license is 90 days, and first-time offenders must attend a substance abuse or DUI program. An individual who is convicted of a second DUI within five years of the first DUI faces imprisonment (including hard labor) for up to one year. The imprisonment sentence will include mandatory incarceration, which is not subject to probation or suspension, or imprisonment in the municipal or country jail for not less than five days or community service for a minimum of 30 days. The offender will be fined between $1,100 and $5,100, and their driver’s license will be revoked for one year. An offender convicted for DUI for the third time faces imprisonment, which may include hard labor, of up to one year, and not less than 60 days. They will be fined between $2,100 and $10,100, and their license revoked for three years. A fourth or subsequent DUI conviction carries a prison term of one year and one day to ten years. The offender will be fined between $4,100 and $10,100, and their license will be revoked for a period of five years. Enhanced DUI Penalties for Drunk Driving with a Minor under 14 in the Vehicle A person 21 years or older who is convicted of drunk driving with a minor under 14 in the vehicle will be sentenced to the double minimum criminal punishment that they would’ve received if the child had not been in the automobile. Enhanced Penalties for 0.15 BAC A person convicted for DUI with a BAC of 0.15 percent or more in their bloodstream while operating or being in actual physical control of the car will be sentenced to at least double the minimum punishment that they would’ve received if their BAC level had been less than 0.15 percent. Commercial Drivers Along with other penalties that may be imposed under the DUI laws in Alabama, a commercial driver who commits a first DUI while operating any vehicle will be prohibited from driving a commercial vehicle for one year. However, the disqualification for driving a commercial vehicle will be for a period of three years if the driver was caught drunk driving when transporting hazardous materials. In case a commercial driver receives a second DUI while driving any vehicle, they will be disqualified from commercial vehicle operation for life, which may or may not be reduced to ten years. School Bus and Day Care Drivers School bus and daycare drivers convicted of a first DUI offense in Hoover, AL, will receive an automatic license suspension for a period of one year. Drivers Under 21 A minor with a BAC level of 0.02 and 0.08 percent will receive an automatic 30-day license suspension for their first violation. They will also need to attend a substance abuse or DUI program. A minor found guilty of DUI will face the same fines as an adult offender. DUI Record Expungement in Hoover, AL Offenders charged with a DUI in Hoover, Alabama, can ask their lawyer to help get their arrest records erased. Depending on the circumstances, some cases of non-violent felonies and misdemeanors are eligible for expungement, such as: Hire a Seasoned Attorney to Fight Your DUI Charges in Hoover, AL When you are charged with a criminal offense, there are no “do-overs.” You have only one chance for a favorable outcome in your Hoover, AL DUI case. That’s why it is crucial to hire a skilled and experienced DUI attorney. The attorneys at The McCormick Firm have in-depth knowledge and experience to create a strong defense for your case. We work hard to accomplish the best possible results for our clients, including both DUI cases and other misdemeanors or felony crimes committed in the state. Our attorneys will work to get try to get your charges dismissed, or at least, reduced. For a no-obligation case review, call our office today at (205) 968-1302.DUI Attorneys in Hoover, AL
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