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Talladega County DUI Lawyer

Giving You the Representation You Need for DUIs

DUI charges can have life-altering consequences. While characters on television shows and in movies are depicted as getting a “slap on the wrist” like a fine or having to attend traffic school, the truth is far more complicated. Drunk driving crashes are responsible for 1/3 of all traffic fatalities in Alabama. This is higher than the nationwide average. Because of this, the state of Alabama has gotten serious about DUIs. Even a first offense can result in potential jail time, a suspended license, and fines. If you have been previously convicted of a DUI, the repercussions could be even more severe.

This is why if you are even pulled over on suspicion of drunk driving in Talladega County, Alabama, it’s important to retain the services of an experienced criminal lawyer immediately. They recognize people make mistakes and that everyone deserves a second chance. They will be able to help you through the legal process, aid you in understanding Alabama DUI charges, and give you your best chance at retaining both your driver’s license and your freedom.

What is a DUI in Talladega County, Alabama?

DUI stands for driving under the influence. While the majority of the time, this means drunk driving, not all DUI charges arise from alcohol abuse. Under Alabama law, someone can be found guilty of driving under the influence if:

  • Their Blood Alcohol Content (BAC) was .08 or .02 if They Were Under 21
  • They Had Taken Drugs or Controlled Substances that Impaired Their Ability to Safely Operate a Motor Vehicle
  • They Had Taken a Prescribed Medication that Impaired Their Ability to Safely Operate a Motor Vehicle
  • They Had taken an Over-the-Counter Medication that Impaired Their Ability to Safely Operate a Motor Vehicle

What Happens if I Am Pulled Over for DUI in Alabama?

Alabama has implied consent laws. This means if you operate a motor vehicle, you accept submitting to a breathalyzer test if you are pulled over on suspicion of DUI. A breathalyzer is a device that measures someone’s blood alcohol content. If a police officer suspects you of DUI, he or she will attempt to administer a breathalyzer test under these implied consent laws. Despite the laws, you retain the right to refuse the test. 

However, this will result in an automatic 90-day suspension of your license. Under Alabama law, it is presumed that if a person refuses a breathalyzer test, it is because he or she was intoxicated and did not want the results on record. If you accept the breathalyzer test and blow .08 or higher, or if you refuse the rest, you will probably be arrested and charged with DUI.

At trial, prosecution attorneys will be able to enter your refusal into evidence. In addition to a police report, this refusal can be used to build a case for the judge or a jury establishing you were under the influence. It will be the prosecution’s job to establish beyond a reasonable doubt that you were impaired at the time of your arrest. Refusing a breathalyzer test can become a key piece of evidence for the prosecution.

What Happens if I Am Charged with a DUI in Alabama?

Even a first-time DUI charge can come with serious consequences. This is because the State of Alabama wants to set an example that it takes drunk driving and other instances of impaired driving seriously. While most DUI charges count as a misdemeanor, they can still result in jail time and heavy fines. The penalties for a DUI conviction in Alabama are:

First Offense

Someone convicted of his or her first DUI faces up to one year in jail. They may additionally have to pay up to a $2,100 fine, and their license will be suspended for 90 days. They may also have to submit to a drug and alcohol evaluation program prior to getting their license back.

Second Offense

A person convicted of his or her second DUI faces a minimum of five days in jail and a maximum of up to a year in jail. They may also have to pay up to a $5,1000 fine and will have their license suspended for one year. As with a first conviction, they may also have to pass a drug and alcohol evaluation program prior to being able to drive again.

Third Offense

Third offenses are considered something of a “last chance” under Alabama law. Punishment under a third offense is meant to “scare straight” repeat offenders and discourage them from future arrests and/or convictions. Those convicted of a third DUI must serve a minimum of 60 days and up to one year in jail. They may also face a fine of up to $10,100 and their license will be suspended for three years.

Fourth or Higher Offense

At a fourth or higher DUI arrest, you may be charged with a felony. A felony conviction is much more serious than a misdemeanor and carries heavier fines and longer potential jail time. If you are convicted of a fourth DUI, you must serve a mandatory ten-day jail sentence and may have to serve up to ten years in jail. Additionally, you may be fined up to $10,100. A fourth DUI conviction also comes with a mandatory revocation of your driver’s license.

What Are Defenses to a DUI Charge in Talladega, AL?

Just because you go to court for a DUI does not mean you will be convicted. Everyone is presumed innocent until proven guilty. The burden of proof is on the state to prove beyond a reasonable doubt to a judge or jury that you were driving under the influence. A skilled criminal defense attorney can help build a case in your favor. This is why it’s important to secure legal representation as soon as you are arrested.

If you submitted to a breathalyzer test and blew a .08 or higher, it may be difficult to prove your case. However, there are different ways to avoid more serious consequences. Studies have shown breathalyzers are not always 100% accurate. Old batteries and poor calibration can cause someone’s BAC to register as higher than it really is. A single drink consumed 15 minutes or less prior to the administration of a breathalyzer test can also cause someone to blow above .08. Most people will not become inebriated after a single drink.

A skilled defense attorney may also be able to argue proper procedure was not followed. They may be able to demonstrate that an officer did not have reasonable cause to pull you over in the first place. They may also be able to argue that the officer did not follow proper procedure in questioning you and administering a preliminary field sobriety test. They may also be able to argue the officer did not have just cause to administer the breathalyzer in the first place. If you refused the breathalyzer test, an experienced defense attorney may be able to argue for the charges to be dismissed. Additionally, they may be able to arrange a plea deal for lesser charges. If you plead guilty to a lesser charge, you may be able to avoid jail time and fines. Instead, you may have to attend driving classes or a drug and alcohol intervention program.

There are many options for avoiding a DUI conviction and the potential consequences. A defense attorney with experience in DUI cases will know all of the strategies available to you and be able to give you the best legal representation for your case.

What Should I Do if I’m Arrested for DUI in Talladega County?

If you or a loved one have been arrested or charged with a DUI, it’s critical you immediately contact Jim Golden Law firm, located at 1916 1st Avenue North Pell City, Alabama 35125. Jim Golden has years of experience defending DUI charges in the Birmingham area. He has proven his willingness to fight for each and every one of his clients and can negotiate with the district attorney to help you avoid the courtroom entirely. He will work tirelessly to defend every one of his clients, whether they’re working professionals with prior convictions or juveniles facing a first-time offense. He believes that just because someone is accused of a crime doesn’t make them a bad person and that everyone makes mistakes. He prides himself on a results-driven approach and has established himself as a successful defense attorney in the Talladega County area.

Facing a DUI can be frightening, and the consequences can be serious. You don’t have to face your case alone, though. If you or a loved one are facing DUI charges, don’t hesitate to contact Talladega DUI lawyer Jim Golden at 866-950-6652 or contact his office via email for a free consultation. One phone call or message may be all that stands between you and your freedom. Don’t hesitate to contact Jim Golden Law today.