The state of Alabama enforces strict DUI laws. The penalties are in place to reduce the number of fatalities associated with this infraction. For this reason, the state identifies a DUI as a blood-alcohol content reading of 0.08 percent. However, it is reduced to 0.04 percent for commercial drivers and 0.02 percent for drivers under twenty-one.
Is Implied Consent Used in Alabama?
Yes, implied consent is relevant in Alabama. It identifies consent as the choice to drive while intoxicated. Under the ruling, law enforcement may conduct a breathalyzer test on the scene. However, the driver retains the right to refuse. If the driver refuses, they must initiate their right to contact a criminal law attorney in Bessemer, AL immediately. This doesn’t stop an arrest, but it can delay testing of blood or other bodily fluids.
What Are the Penalties for Refusal?
The first offense penalty is a license suspension of ninety days. The second refusal is a one-year license suspension. If the driver is convicted of DUI, the state will order them to install an ignition interlocking device. This requirement applies to refusals to submit to testing. Refusal is an additional charge in these cases.
Suspensions if Convicted of DUI
The suspension applied to a first or second offense are the same as those applied to a refusal to testing. A third offense equates to a three-year license suspension. Any additional offenses require a five-year driver’s license suspension.
Criminal Penalty for DUI
A first conviction results in a maximum of one year in Jefferson County jail. The offender receives a fine between $500 and $1,000. All drivers convicted of a DUI must pay $100 into the trust fund designated for impaired drivers.
A second conviction requires a minimum of forty-eight hours in county lockup. The maximum sentence is one year. The fines are between $1,000 and $5,000.
Under Alabama state law, any conviction beyond a third DUI is classified as a felony. Drivers who are charged with this offense should secure an attorney quickly. All DUI convictions could affect the driver’s ability to secure employment later. For this reason, they should seek legal counsel without delay. To hire a criminal law attorney in Bessemer, AL, Visit Forstmancutchen.com right now.
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