St. Clair County DUI Attorney

Giving You the Representation You Need for DUIs

Everyone makes mistakes. An easy mistake to make is getting a DUI. Alcohol consumption is legal for adults in America, and most people who consume it are responsible drinkers. Even responsible drinkers sometimes misjudge how much they’ve had. Based on Alabama law, even being slightly over the limit is still considered a criminal offense. You don’t even have to have gotten into an accident or broken the speed limit to have been pulled over by a police officer. As long as an officer determines you are legally over the limit, you can be charged with a DUI.

A single DUI can permanently impact your record, life, and livelihood in Alabama. It comes with the possibility of a suspended license, heavy fines, and even jail time. This is why it’s important to know Alabama’s DUI laws and to hire an experienced defense attorney if you are facing a potential DUI conviction.

What is DUI in Alabama?

DUI stands for driving under the influence. It occurs whenever a person operates a motor vehicle in an impaired state, which renders them incapable of safely driving. A person can be rendered under the influence if they have been consuming:

Alcohol
Controlled Substances
A Combination of Alcohol and Controlled Substances
Prescription or Nonprescription Medication with an Impairing Effect

While many people think a DUI simply means “drunk driving,” this is not the case. A person can also be considered impaired if they are taking a prescription medication that impairs their ability to drive.

A common side effect of many doctor-prescribed medications is drowsiness and difficulty concentrating. If someone operated a motor vehicle after taking such a medication, they could face a DUI arrest. There are also some over-the-counter medications that can induce sleepiness or difficulty concentrating. Taking one of these medications could also lead to a DUI arrest.

If you have been drinking alcohol, your level of impairment will be determined with a blood alcohol test. This measures your blood alcohol content (BAC). A BAC of .08 or above is considered impaired under Alabama law.

Alabama law discourages anyone with a .02 BAC or higher from driving. This limit changes for certain motor vehicle operators. If you are a school bus driver or operate a transportation vehicle for a day car, .02 is the legal limit. If you are a commercial vehicle operator, .04 is the legal limit.

What Happens if I Am Arrested for a DUI?

If you are pulled over on suspicion of DUI, a police officer will administer a breathalyzer test. Under Alabama law, you are allowed to refuse this test. However, refusing a breathalyzer can result in serious penalties of its own:

Automatic License Suspension
Automatic Jail Sentence of 24 Hours
Admissibility of Refusal in Court

Refusing a breathalyzer test creates a presumption of guilt in the minds of the police and prosecuting attorneys. They may assume you refused the test because you were over the limit and don’t want it on record.

Refusing the test can quickly lead you to being accused of DUI by the county. They will attempt to find other evidence to support a case against you. If they find this evidence, you can still be charged with a DUI. At trial, the prosecution will probably introduce your refusal as supporting evidence.

If you agree to the breathalyzer test and are found to be over the legal limit, you will be arrested. Following your arrest, you will most likely go to trial. If you are found guilty, the penalty varies on whether or not you have any prior DUI convictions. Under Alabama DUI laws, a first offense is considered a misdemeanor. Subsequent DUIs may be considered felonies. Even a misdemeanor DUI conviction can have severe consequences and a lasting impact, such as loss of driving privileges. Penalties include:

First Offense: Up to One Year in Jail, a Fine up to $2,100, 90 Days License Suspension
Second Offense: Five Days to One Year in Jail, a Fine Up to $5,100, One Year License Suspension
Third Offense: 60 Days and Up To One Year in Jail, a Fine Up to $10,100, Three Year License Suspension
Fourth or Higher Offense: Up to Ten Years in Jail with a Ten Day Mandatory Sentence, a Fine Up to $10,100, License Revocation

In addition to your sentence, getting a DUI conviction means an ignition lock will likely be installed on your vehicle. This is a breathalyzer attached to your ignition. You must blow into it to pass a BAC test before you start your vehicle. Failure to pass will prevent you from operating the vehicle. Depending on the circumstances of your conviction, an ignition lock can be installed in your vehicle for anywhere from six months to six years.

What Should I Do if I’m Arrested for a DUI in St. Clair County?

People make mistakes when it comes to driving. This can be anything from running a stop sign to going over the speed limit. A DUI is another kind of mistake. No one wants to drive impaired and harm another person. It can be easy to misjudge our own ability to operate a vehicle. If you have made an honest mistake, it could have a permanent impact on your life.

This is why if you or a loved one have been arrested for a DUI, it’s important to immediately contact Jim Golden Law, located at 1916 1st Avenue North Pell City, Alabama 35125. Jim Golden is a skilled St. Clair County criminal defense lawyer with a stellar track record. He approaches every case with compassion and dedication and believes in giving all of his clients the second chance they deserve.

A mistake shouldn’t define the rest of your life. If you or a loved one have been charged with a DUI, don’t hesitate to call St. Clair County criminal defense attorney Jim Golden at 866-950-6652 to discuss your case or email him for a free consultation. He can give you the representation you deserve to have a second chance.