In the state of Alabama, a DUI is identified as a blood alcohol content reading of at least 0.08 percent. Under state laws, law enforcement has the right to conduct testing to determine this reading due to implied consent rulings. Any driver who is suspected of this moving violation that refuses testing could face immediate suspension of their licenses. A criminal law attorney in Birmingham, AL could provide immediate assistance for these drivers.
Protecting the Rights of the Driver
Under Alabama state laws, all individuals including drivers have the right to evoke their Miranda rights. At the moment of the arrest, the driver has the legal right to request an attorney and when they make this request, the officers cannot test them via breathalyzer or chemical testing until after their attorney arrives. If the officers conduct testing and refuse to allow access to an attorney, they are violating the driver’s rights.
What Are the Penalties for the First Conviction?
The penalty for the first DUI conviction is no more than one year in county lockup. The fines for the charge could range between $500 and $2,000. All drivers who are convicted of the first offense receive a ninety day driver’s license suspension and must attend DUI school.
What Are the Penalties for the Second Conviction?
The second offense equates to at least forty-eight hours in jail. The jail sentence for this charge isn’t more than one year. They will also receive community service of at least twenty hours. Their fine is increased to a range between $1,000 and $5,000 and their license is suspended for one year.
When Is the DUI a Felony?
The forth conviction in a five year period is an automatic felony. With this charge, the defendant faces up to ten years in prison and their fine is no less than $4,000 and no more than $10,000. The license suspension lasts for five years.
Alabama state laws require a blood alcohol content reading of at least 0.08 percent to convict a driver for DUI. Drivers who receive additional convictions within a five year period could face extensive penalties, so those facing a DUI charge should contact us to hire a criminal law attorney in Birmingham, AL today.
