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DRIVING UNDER THE INFLUENCE

DUI- ALCOHOL | DUI- DRUGS

Alabama Code Title 32. Motor Vehicles and Traffic § 32-5A-191

In Alabama, a motorist can get a DUI for driving or being in actual physical control of a vehicle while under the influence  
(impaired) or with a blood alcohol concentration (BAC) of .08% or more.

In the state of Alabama,  a DUI includes only physical control of the vehicle and person's vehicle does not need to actually move for the person behind the wheel to get a DUI. Thus, officers do not need to witness a person driving to actually charge the person with a DUI so long as the person is in physical control of the vehicle.

WRONGFUL DEATH.  Police misconduct refers to inappropriate conduct and illegal actions taken by police officers in connection with their official duties. This misconduct can result in death. Alabama law defines a "wrongful death" as one that is caused by the "wrongful act, omission, or negligence" of another. Wrongful death occurs when someone dies as a result of the legal fault of another, government official.Alabama Code § 6-2-38

Statutory Legal Limits

ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Alabama it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.

DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Alabama it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.

 

SCHOOL BUS / DAY CARE DRIVERS - BAC LIMIT = 0.02%
In the State of Alabama it is an offense for school bus and day care drivers to drive with 0.02% or more, by weight, of alcohol in his/her blood.

 

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Alabama it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.

 

A person shall not drive or be in actual physical control of any vehicle while;

  • there is 0.08 percent or more by weight of alcohol in his or her blood

  • under the influence of alcohol

  • under the influence of a controlled substance to a degree which renders him or her incapable of safely driving

  • under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving

  • under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving

  • If under 21, school bus driver, or day care driver, if "there is .02 percentage or more by weight of alcohol in his or her blood.

  • If commercial motor vehicle - "if there is .04 percentage or greater by weight of alcohol in his or her blood.

Penalties for Driving Under the Influence Offenses:

1st Conviction:  Jail sentence of not more than one year; Fine of $600-$2100; 90 day license suspension; Court referral evaluation

2nd Conviction (within a 10 year period): Jail sentence of not more than one year, mandatory minimum of 5 days to serve or community service for not less than 30 days; Fine of $1,100-$5,100; 1 year license revocation; Court referral evaluation

3rd Conviction (within a 10 year period): Jail sentence of not more than one year, mandatory minimum of 60 days to serve; Fine of $2,100-$10,100; 3 year license revocation; Court referral evaluation

For felony conviction (within a 10 year period): Class C felony; Imprisonment of not less than one year and one day nor more than 10 years with a minimum mandatory jail sentence of 10 days; Fine of $4,100-$10,100; 5 year license revocation; Court referral evaluation.

IMPLIED CONSENT LAW 

In Alabama any person driving a motor vehicle is deemed to have given their consent for chemical testing of their breath, blood or urine in order to determine the alcohol content within their blood if lawfully arrested for driving under the influence. It is an offense to refuse to submit or fail to complete a blood alcohol test when required to do so.

REFUSAL

If a person refuses to submit to a chemical test in Alabama, evidence of the test refusal shall be admissible in any civil or criminal proceedings arising out of any acts alleged to have been committed while the person was driving or in actual physical control while under the influence of alcohol or a controlled substance.

Contact ELIZABETH HUNTER LAW FIRM

Being charged with driving under the influence is a very serious offense and can result in serious consequences. In the state of Alabama, a DUI conviction cannot be expunged. Please contact Elizabeth Hunter Law Firm. please contact Elizabeth Hunter for a FREE DUI consultation now!

Call us now at our main office. 205.777.9079