DUI Attorneys in Birmingham

If you’ve been charged for DUI in Alabama, you’re probably in shock and concerned about your future. These are serious charges that could result in life-changing consequences if you are convicted. Even if you manage to escape a guilty verdict, the state is now in a race to take away your driving privileges, so time is not on your side.

It’s vital that you speak with an experienced Birmingham DUI attorney right away because having a strong legal advocate on your side can make the difference in the outcome of your case. Contact The McCormick Law Firm, PLLC, now to learn more about how we can protect your legal rights.

You Have Just 10 Days to Contest Your License Suspension

Similar to many other states, you will find yourself facing multiple cases if arrested for DUI – a criminal case and an administrative case dealing with your driver’s license. A DUI arrest in Alabama triggers the automatic suspension of your driver’s license.

The arresting officer should have provided you with a form titled AST-60. This form is meant to serve as your driver’s license for 45 days following your arrest, after which your license will be suspended unless you take immediate action.

You have only 10 days to file an appeal with the Alabama Department of Public Safety (DPS).

Filing the appeal with DPS isn’t enough to guarantee approval. You need an experienced DUI attorney to represent your interests and prove to the DPS how important your driving privileges are to your career and family.

What Constitutes a DUI in Alabama?

Alabama’s DUI laws can be complex. You can be charged with Driving Under the Influence (DUI) if the law enforcement officer reasonably believes that you were in actual physical control of a vehicle while:

• Your blood alcohol level was .08% or higher;
• You were under the influence of alcohol,
• You were under the influence of controlled substances, or
• You were under the influence of any substance that impaired your physical or mental faculties.

If you are a commercial driver, the state of Alabama considers you to be legally drunk if your BAC is .04% or higher. The legal threshold for school bus and daycare drivers, as well as drivers under the age of 21, is .02%.

In Alabama, you don’t have to be “driving” a vehicle to get arrested for DUI. As long as the vehicle is in your physical control, you could find yourself in handcuffs. So, sleeping in the front seat of the car or even having a vehicle towed while drunk can result in a DUI arrest.

Understand the Penalties for DUI in Alabama

Having a DUI conviction on your record is not something to take lightly. These are serious charges, and the consequences can impact you for many years.

The penalties for DUI in Alabama vary depending on whether this is your first, second, or third offense, as well as any aggravating factors. In 2018, the state changed its laws relative to the “look back period.” Now, instead of five years, the court will look back 10 years from the date of your arrest for any prior DUIs. Also, if you have had a felony at any time in the past, your DUI charges will automatically be elevated to a felony.

If you are convicted for DUI in Alabama, some of the penalties you can face include:

• First DUI Offense– Up to one year in jail, fines up to $2,100, mandatory 90-day license suspension, and an Ignition Interlock Device (IID) on your vehicle for 6 months (at your cost).
• Second DUI Offense– Up to one year in jail, fines up to $5,100, suspended license for one year, and an IID for two years (at your cost).
• Third DUI Offense– From 60 days to one year in jail, fines up to $10,100, suspended license for three years, and an IID for three years (at your cost).

Any DUI penalties can be enhanced by the courts if the prosecution can prove certain factors. For example, sentences can be doubled if there was a child under 14 in the vehicle or if the convicted person had a BAC of 0.15 or higher.

Beyond the penalties that court imposes, you can expect other issues resulting from a DUI conviction. For example, you may experience trouble getting or keeping a job, finding a suitable place to live, or holding onto a professional license.

If you’ve recently been arrested for DUI in Alabama, you need to take every step possible to protect your good name, financial wellbeing, and future.

Common Defenses Used in Alabama DUI Cases

Creating and presenting a strong defense is your best chance at beating your pending DUI charges or minimizing your consequences. Based on the events taking place at the time of the initial police stop until the production of evidence at trial, there may be opportunities to reduce your charges, negotiate a lighter sentence, or even achieve a full case dismissal.

Some of the most common defenses used in DUI cases include:

• Improper stop by the police violating your Constitutional rights
• Failure to follow proper field sobriety test protocols
• Improper chemical testing or storage of samples
• Medical conditions that could interfere with testing
• Improper interrogation or Miranda violations
• Violations of the rules of evidence and procedure

These defenses are a starting point for many DUI cases, but every situation is unique. When you work with a seasoned DUI defense attorney, you’ll have the opportunity to discuss more options to dismiss or reduce your charges.

Why You Need an Experienced DUI Defense Lawyer Now

If you’ve been arrested for DUI, it might be tempting to plead guilty to get the entire affair over and resolved. This could be one of the biggest mistakes you’ll ever make. A DUI arrest is not the same thing as a conviction. Don’t take any chances with your future. There is simply too much at stake.

The McCormick Firm, PLLC, delivers personalized service to every client, and we invite you to tell us about your current situation. One of the first things we’ll do is conduct a thorough and independent investigation of the events surrounding your arrest and then outline your best legal options. Contact our Birmingham office today at (205) 968-1302 or through our website contact form to schedule an initial consultation. We also handle DUI cases in Hoover.